Our Terms and Conditions
Welcome to the Happy and Chic website terms and conditions of supply. Our aim is to make you absolutely happy with our services. We wish to resolve any issues up to your satisfaction.
By ordering any of our products, you agree to be bound by them.
Should you have any questions related to these terms and conditions please email us at [email protected], we will try to respond to you as quickly as possible.
We are a UK based company.
While we take all reasonable care to ensure that all details, descriptions, colours, specifications and prices of products on this website are accurate at the time of entering the website, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
You acknowledge that any such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
All weights and sizes listed are approximate and to be used as a guide line only. The representations of colour are approximate due to limitations in both the photographic and specifications of different output devices. All goods are subject to availability. Accessories supplied to co-ordinate with the main product may differ in shade; this is normally caused by the manufacturing process and is not a fault.
Your use of any information or material on this website is entirely at your own risk, for which we shall not be held liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales
.A person who is not a party to these terms and conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any provision in these terms and conditions, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
The contract between you and us
Please note the display of any product on our website is not an offer by us to sell to you in any way. It is your response to us that is the offer. Once an order has been placed you will receive an order acknowledgement with the details of your order. This does not mean your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us.
Order acceptance and completion of the contract between you and us will occur upon the dispatch (to you) of the products ordered unless we have been unable to accept your order or you have cancelled your order.
Non acceptance of an order may occur for the following reasons:
- The product ordered being unavailable from stock.
- Where your offer relates to goods that have been priced / advertised incorrectly from that which we have intended.
- We are unable to obtain authorization for your payment.
- You do not meet the eligibility to place an order as set out in these terms & conditions.
Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods. If your order has been processed then return costs are your responsibility. (Please see the returns section of these terms & conditions below)
Placing an order
By placing an order through our website, you are confirming to us that:
- You are legally capable of entering into binding contracts
- You are at least 18 years old
- You have provided your real name, phone number, e-mail address, payment details and any other requested information.
We will deliver the order to you at the delivery address you entered during the 'checkout' process.
We will do our best to try and deliver the products to you in accordance with the timescales set out in your dispatch confirmation email or detailed on our delivery page. However, we cannot always guarantee that we will meet these dates due to factors beyond our reasonable control.
If you provide us with an incorrect delivery address and your order is signed for by someone else as a result, we cannot be responsible for any loss you incur as a result so please ensure that you have entered all your details correctly.
Where the order was returned because we failed to meet the due date and/or time for delivery, then we will redeliver the order to you at no additional cost. In all other cases, you will be required to pay any additional delivery charges we incur in the order being returned to us and then redelivered to you.
If you have placed a bulk order (10 products or more) we reserve the right to use a specialist carrier to deliver to you. If this is the case, we are unlikely to be able to provide our 'next day delivery' service for any or all the products. For further details, please contact Customer Services.
If you want your order to be delivered to one of the following post codes, you must email us at [email protected] for the exact delivery cost first, once you have accepted the delivery cost you should then place the order online:England, Scotland and Wales: AB, CA, DD, EX16-23, EX31-39, FK17-21, G67, HS, IV1-56, KW1-14, KW27-28, LA, PA20-39, PH, PL, TR, GY, JE, TR21-25 (Scilly Isles), IM1-9 (Isle of Man), BFPOOffshore: KA27-28, KW, PA20-78, PH9, PH15-44, ZE.
The products prices on our website are inclusive of UK VAT but exclusive of local taxes, import duties and clearances. We are not responsible for any such taxes including VAT, duties or clearances which may become payable.
The price of the products and our delivery charges will be as quoted on our website from time to time.Products prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation email.
Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. Where we recognise that we have charged the incorrect price, we will contact you to see what you want to do. 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 goods to you at the incorrect lower price.
Payments will be taken immediately on order. Payment for all products must be made by one of the methods offered during the 'checkout' process.
Discounts and offers/promotions
We may run special offers/promotions and/or discounts on our website from time to time at our discretion. We reserve the right to terminate any special offer or discount at any time without notice (but this will not affect any orders that we have already accepted).
If you change your mind or you simply want to cancel your order for any reason, then you can do so at any time either before you receive a dispatch confirmation email from us or within 14 days beginning on the day you received your products.
To cancel your order, please contact Customer Services at [email protected] After cancelling, if you have already received your products then you must return them to us.
Where you have cancelled your order either before you receive a dispatch confirmation email from us or within 14 days after the date you receive the products, then we will give you a full refund of the price that you paid for the products but not the delivery charges and the returns costs shall be at your expense. However,
- you must return the products with their original packaging or ensure that they are otherwise packaged safely. Regretfully, we are only able to accept returns on car seats or mattresses where the packaging is unopened; and
- the products must not have been used and must be in a re-saleable condition.
In each case, either before or at the time you return the products to us, you will need to tell us whether you would like a replacement or a refund. Where you have not told us what your preference is, we are not obligated to contact you to find out and (where you are entitled to one) we will, in such cases, give you a refund. We will refund the price of the products in full together.
Where you are entitled to a refund, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day that you told us you want to cancel. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Please note that a small number of products are subject to a collection charge of £75.00 + VAT, applied if the customer changes their mind once delivery has taken place, providing the products are unopened. If the product has been unpacked or assembled, we are unable to accept it back.
If for any reason you want to cancel your order or any of our products are defective then you must also return the products to us as soon as reasonably practicable and, in any event, within 14 days of notifying us of the cancellation or return.
Where you are returning the products because they are defective, we will refund to you the reasonable costs of the return or arrange a collection. In all other cases, you must return the products at your own cost.
Where possible, we ask that you please return the products in their original packaging. Where this is not possible, please ensure that the products are packaged securely to help ensure that they reach us safely and in a good condition.
Each product is sold subject to its product description which can be found on the particular web page for the relevant product.
Please note the following with regards to all product descriptions on our website:
- we reserve the right to alter specifications without prior notice. This will not affect any orders for which you have already received a dispatch confirmation.
- all sizes and weights are given as a guide only and are approximate.
- a name given to a product is not necessarily representative of its colour, for example, Steel Blue is actually red. If you have a specific requirement or are unsure as to the exact colour, please contact Customer Services.
- wood is a natural product and will therefore carry minor imperfections and characteristics such as grain and colour variation and knots. These characteristics are not classed as a manufacturing fault. Manufacturers normally use different grades of wood for items such as cots or beds and therefore the finish can appear differently. Words such as "antique pine" may not mean that the wood is "antique" wood, therefore if you have a specific requirement, please contact Customer Services.
- accessories supplied to coordinate with the main product may differ in shade; this is normally caused by the manufacturing process and is not a fault.
If you think that any of the products you have received are defective, then in the first instance please contact Customer Services who will do their best to assist you.You are entitled to either:
- claim on the manufacturer's guarantee (see Manufacturer's guarantee below); or
- exercise your legal rights (please see Your legal rights below).
Some products may come with a manufacturer's guarantee. Where it does, we will pass on the benefit of that guarantee to you. If you want to claim on such guarantee, you will have to contact the manufacturer and follow the instructions or terms contained in the same.
We do not provide guarantees on any products by ourselves.
Your legal rights
The guarantees provided above are in addition to your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
If you think the products are defective, you must return them to us (please see Returns below). If they are defective, then you are entitled to a repair, replacement or a refund.
Either before or at the time you return the products to us, you will need to tell us whether you would like a repair, replacement or a refund. Where you have not told us what your preference is, we are not obligated to contact you to find out. Please note that where you have used the products, we may reduce any refund we give to you to take into account the use you have had of the products since they were delivered to you.
We will process any refund due to you as soon as possible and, in any case, within 14 days of the day that you returned the products to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Limitation of liability and Indemnification
You acknowledge and agree that you assume full responsibility for your use of the site.
You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties.
You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that to the fullest extent permitted by applicable law, neither Happy and Chic, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the site, Happy and Chic’s removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if Happy and Chic or any of its suppliers has been advised of the possibility of damages.
This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss.
You specifically acknowledge and agree that neither Happy and Chic nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site.
Your sole and exclusive remedy for any of the above claims or any dispute with Happy and Chic is to discontinue your use of the site.
Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable).
Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.
We revise our terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you order products from us.
All aspects of the contract formed in respect of your use of our site shall be governed by English law and the parties agree to the non-exclusive jurisdiction of the English courts as far as possible. In some circumstances the laws where you are domiciled may apply and the courts where you are domiciled may have jurisdiction.
If you have any questions or complaints, please email us at [email protected]