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Terms & Conditions
OUR HAPPY TERMS AND CONDITIONS OF SALE OF
iamhappymugs.co.uk
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or
agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the
Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer
for the sale and purchase of Goods incorporating these Terms
and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the
Seller;
1.5 "Seller" means Bells Associates Ltd, happy mugs of PO Box 86, Crediton, Devon
EX17 6WU that owns and operates
iamhappymugs.co.uk;
1.6 "Terms and Conditions" means the terms and conditions of sale
set out in this agreement and any special terms and conditions
agreed in writing by the Seller;
1.7 "Website" means iamhappymugs.co.uk.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s
statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the
sale of Goods by the Seller to the Buyer and shall prevail over
any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive
evidence of the Buyer’s acceptance of these Terms and
Conditions.
2.4 Any variation to these Terms and Conditions (including any
special terms and conditions agreed between the parties) shall be
inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address
stated in clause 1.5.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the
Buyer to purchase Goods pursuant to these Terms and
Conditions and are subject to acceptance by the Seller. The
Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from
stock the Buyer shall be notified and given the option to either
wait until the Goods are available from stock or cancel the order
and receive a full refund within 28 days.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website.
The price is exclusive of VAT. The price excludes delivery
charges.
4.2 The total purchase price, including VAT if any, and delivery
charges, if any, will be displayed in the Buyer’s shopping cart
prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the
details, description and price for the Goods together with
information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT, if any, and delivery charges
must be made in full before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to update prices on the Website
periodically, which cannot be guaranteed for any period of time.
The Seller shall make every effort to ensure prices are correct at
the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the
Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any
Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain
age the Buyer will be asked when placing an order to declare
that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to
order certain Goods, the Seller shall be entitled to cancel the
order immediately, without notice.
7 DELIVERY
7.1 Goods supplied within the UK will normally be delivered within
three working days of acceptance of order.
7.2 Goods supplied outside the UK will normally be delivered
within ten working days of acceptance of order.
7.3 Where a specific delivery date has been agreed in writing, and
where this delivery date cannot be met, the Buyer will be
notified and given the opportunity to agree a new delivery date or receive a
full refund.
7.4 The Seller shall use its reasonable endeavours to meet any date
agreed for delivery. In any event time of delivery shall not be of
the essence and the Seller shall not be liable for any losses, costs,
damages or expenses incurred by the Buyer or any third party
arising directly or indirectly out of any failure to meet any estimated
delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address
specified in the order and the Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are tendered for
delivery.
7.6 Risk in the Goods shall pass to the Buyer upon delivery of the
Goods, or where the Buyer fails to take delivery at the agreed
time, at the time delivery was attempted.
7.7 Title in the Goods shall not pass to the Buyer until payment of
the price has been made in full.
8 CANCELLATION AND RETURN
8.1 The Buyer may cancel the order for any reason up to the point
of dispatch and any payments made by the Buyer shall be
refunded in full within 28 days. The right to cancel does not apply to contracts
for the supply of goods made to the Consumer’s specifications or
which are clearly personalised.
8.2 The Buyer shall inspect the Goods immediately upon receipt and
shall notify the Seller by writing to the address specified in
clause 1.5 or by email at sales@iamhappymugs.co.uk within 7
days if the Goods are damaged or do not comply with any of the
Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.3 Where a claim of defect or damage is made, the Goods shall be
returned by the Buyer to the Seller within 28 days of delivery.
The Buyer shall be entitled to a replacement or a full refund (including
delivery costs) plus any return postal charges if the Goods are in
fact defective.
8.4 Subject to the provisions of Regulation 13 of The Consumer
Protection (Distance Selling) Regulations 2000 as amended from
time to time, if you are a Consumer you have the right, in addition to your
other rights, to cancel the Contract and receive a refund by
informing the Seller by writing to the address specified in clause 1.5 or by
email at sales@iamhappymugs.co.uk within 7 working days of
receipt of the Goods. The right to cancel does not apply to contracts for the
supply of goods made to the Consumer’s specifications or which
are clearly personalised.
8.5 Goods must be returned by the Buyer at the Buyer’s expense
within 28 days of cancellation in the original packaging and
should be adequately insured during the return journey. The Buyer will
receive a refund of all monies paid for the Goods (including
delivery charges, if any) except for return postal charges. If
the Buyer fails to return the Goods following cancellation, the
Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.6 Goods to be returned must clearly show the order number
obtained from the Seller on the package.
8.7 Where returned Goods are found to be damaged due to the
Buyer’s fault the Buyer will be liable for the cost of remedying
such damage.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as
a Consumer, in the event of any breach of these Terms and
Conditions by the Seller the remedies of the Buyer shall be limited to damages
which shall in no circumstances exceed the price of the Goods
and the Seller shall under no circumstances be liable for any
indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the
liability of the Seller for death or personal injury resulting from
the negligence of the Seller or that of the Seller’s agents or
employees.
10 WAIVER
No waiver by the Seller (whether express or implied) in
enforcing any of its rights under this contract shall prejudice its
rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not
limited to, acts of God, strikes, lock outs, accidents, war, fire,
failure of any communications, telecommunications or computer system,
breakdown of plant or machinery or shortage or unavailability of
raw materials from a natural source of supply, and the Seller shall
be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held
invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and effect as if
these Terms and Conditions had been agreed with the invalid,
illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at
any time but this right shall not affect the existing
Terms and Conditions accepted by the Buyer upon making a
purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and the parties hereby
submit to the exclusive jurisdiction of the English courts.
15 COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of happy mugs or it’s content suppliers and protected by copyright laws. The compilation of all content of this site is exclusive property of happy mugs and protected by copyright laws. All software used on this site is the property of happy mugs or its software suppliers and protected by copyright laws.
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