LEGAL NOTICE (MAY 2015) - PLEASE READ THIS NOTICE CAREFULLY BEFORE USING THE WEBSITE. IT REGULATES YOUR USE OF THE SITE AND ALL MATERIAL WITHIN IT.
By placing an order on this website, you agree to our terms and conditions.
GENERAL
GOVERNING LAW AND JURISDICTION
PRIVACY & COOKIE POLICY
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
TERMS OF SALE
OUR CONTRACT
PRICING AND AVAILABILTY
PAYMENT
DELIVERY SERVICE
CANCELLATION RIGHTS
RETURNS AND REFUNDS
ACCURACY OF CONTENT
QUALITY POLICY
DISCOUNT CODES
DISCLAIMER OF LIABILITY
LINKING TO THIS WEBSITE
DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
INDEMNITY
VARIATION
INVALIDITY
WAIVER
CONTACT POSTAL ADDRESS
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GENERAL
This website (excluding linked sites) is controlled by Happy Days Factory, United Kingdom.
This website is designed only for persons located in the United Kingdom and information regarding products, services, and promotions are applicable to this country alone.
These terms and conditions may be updated by us from time to time and you should check this page regularly to take notice of any changes we may have made to the terms.
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice.
We will always try to ensure that Happy Days Factory is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any. From time to time, we may restrict access to some parts or this entire website. This website accepts no responsibility for 3rd party websites to which it may link to.
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GOVERNING LAW AND JURISDICTION
The website can be accessed from various other countries around the World. Each of these places has laws that may differ from those of the United Kingdom. By accessing and using the website both you and we agree that the laws of The United Kingdom shall apply to all matters arising from or relating to the use and contents of this website, unless we specify that the law of another country applies to particular elements of the site. You also agree that unless we specify otherwise that the courts of The United Kingdom shall have the non-exclusive jurisdiction with respect to such matters.
PRIVACY & COOKIE POLICY
Our policy sets out how we will use your information and cookies, can be found at Privacy & Cookie Policy. By using this website, you consent to the processing described therein and you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Copyright © 2015 Happy Days Factory. All copyright and intellectual property rights in all software and content made available to you on or through this website remain the property of Happy Days Factory and are protected by copyright laws and treaties. All such rights are reserved by Happy Days Factory.
You are permitted to store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and there are no guarantees as to delivery times. As these are limited to mainland UK and may be subject to any delays resulting from postal delays or for uncontrollable forces which we will not be responsible. Please see our Delivery Services notice for further information.
In order to use the Services made available by the website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
We retain the right to refuse any request made by you. If your order is accepted we will inform you by e-mail and we will confirm the identity of the party which you have contracted with. This will always be Happy Days Factory.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
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OUR CONTRACT
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Orders for perishable items such as flowers cannot be cancelled once an order has been placed.
By placing an order with us, you agree to receiving marketing emails from us, you can unsubscribe from the link at the bottom of each email at any time, or please email us, and we will do this for you.
By clicking on the 'Check Out' button at the end of the order process, you are consenting to be bound by our 'terms and conditions' contained in these Terms and Conditions and appearing anywhere on the HappyDaysFactory website. Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.
We exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the HappyDaysFactory Site and/or the HappyDaysFactory Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the products supplied. In the event of any claim or court claim, our only liability to you will be the cost of goods sold and no more, for example if your purchase is for £20.00 our liability will be no more than the amount paid to us.
PRICING AND AVAILABILTY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
If you cancel and you have already paid for the goods, you will receive a full refund only for non perishable products.
All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
All orders are subject to acceptance and availability. In the unlikely event of supply difficulties, Happy Days Factory reserves the right to substitute any product with any other type of product of equal quality and value.
In the event that we are unable to supply any Happy Days Factory products or any substitute to you at all, we shall notify you as soon as possible and shall reimburse your payment in full no later than thirty (30) days after the intended date of delivery.
PAYMENT
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed.
Your card will be debited once the order has been accepted.
 UK DELIVERY SERVICE
General
Delivery date is not a guarantee, and that delivery can take up to 1-2 working days. during busy periods Christmas, Valentines Day, Mothers Day this can be further delayed by another 1-2 working days.
Happy Days Factory offers a UK ONLY Â DELIVERY SERVICE. This information can also be found at Delivery Information on our website.
All our products are delivered tracked24 straight into the Royal Mail system and will be delivered within one (1) – two (2) working days.
Please remember that tracked24 items are not guaranteed next day delivery. Whilst we expect 90% of our products to arrive the next working day, it may take longer to arrive, particularly during peak periods.
Happy Days Factory does not guarantee delivery dates or times so please make sure you allow enough time for your products to arrive.
We aim to meet these timescales but during busy periods (i.e. Valentines Day, Mothers Day, Easter, Christmas etc) deliveries may take a little longer. Therefore, during peak periods we may need to dispatch orders one (1) – two (2) working days prior to the requested delivery date so they may arrive early or on the intended date.
All our products are now delivered tracked24 straight into the Royal Mail system and will be delivered within one (1) – two (2) working days, they may be delivered 1 day eary or 1 day after the requested delivery date.
ALL deliveries will be made between 07:00 and 21:00 Monday – Saturday (excluding Sundays and Bank Holidays).Â
We now offer a delivery tracking service and we are unable to control the delivery process, however we will do whatever we can to rectify any problems caused by delayed delivery.
Delivery Conditions
Please note the following delivery conditions:-
- You must ensure the item is correctly addressed (including postcode) and ordered before our latest acceptance times. You can check that you have the correct postcode by using the Royal Mail's handy postcode finder available at www.royalmail.com/find-a-postcode. To state the obvious, we are not responsible for the accuracy of the Royal Mail's postcode finder.
- It is your responsibility to ensure that the delivery address you provide for any order you place is correct.
- Order by 17:00 Monday – Friday and receive your delivery within one (1)* – two (2) working days. *Our experience shows that 90% of our products arrive the next working day with Royal Mail.
- Order after 17:00 Monday – Friday and receive your delivery within two (2) working days.
- If you order anytime after 16:45Â Friday up to 16:45 Monday, you will receive your delivery Tuesday.
- Unfortunately we are unable to deliver on a Bank Holiday; please bear this in mind when placing your order.
- Any orders placed on a Bank Holiday will be delivered two (2) working days later.
- If the recipient is not at home/office, our carrier will leave the flowers in a safe place or with a neighbour leaving a card notifying of attempted delivery.
- We cannot accept responsibility if the intended recipient is no longer at that address.
- Our Free delivery service is UK wide with the exception of those addresses listed under Terms and conditions: "Delivery Locations'.
- Deliveries to The Scottish Highlands, Scottish Islands, the Isle of Wight, Isle of Man and Northern Ireland may take up to two working days longer.
Delivery Locations
Our approved carriers aim to deliver all mainland UK. We will also at our discretion exclude delivery to any addresses which are considered to be insecure.
Happy Days Factory cannot be held liable for any parcels that are lost or stolen as a result of any specific delivery instructions left for the carrier.
We can deliver to British Forces Post Office (BFPO) addresses. We also deliver to the Channel Islands.
Circumstances Beyond Our Control
Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
CANCELLATION RIGHTS
In the case of perishable products you do not have the right to cancel the contract. Should you wish to cancel your order after the cut-off period but prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the perishable items contained in your order.
In respect of non-perishable products, you have the right to cancel the contract up to fourteen (14) working days following the delivery of the goods by notifying us by telephone or e-mail. We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with their price within a reasonable period of the day on which cancellation was given (provided payment has already been debited to your payment card).
RETURNS AND REFUNDS
It is important to note that flowers are perishable products and we need to be informed of any problem with your order within two (2) business days after the delivery date to give us the best chance of successfully resolving the issue. We will, at our discretion, consider issues raised, but reserve the right to refuse a refund or replacement.
In the event of quality-related issues, we kindly request you send a digital picture of the delivered product clearly showing the problem to Contact Us, indicating you full details including date of purchase and order reference number where applicable and your full name and address and contact details.Â
Refunds cannot be given for flowers that have died quickly, unless we understand there to be a genuine problem. It is important that flowers are cared for correctly. Putting them by heat sources or draughts, or failing to change the water and feeding will damage them. We include instructions and flower-food with all our arrangements. All flowers should normally last five days or longer, although this varies by variety. In some circumstances, flowers are sent in bud and will not be fully open when they arrive. However, they should open once they have settled at room temperature.
It is important that we are contacted as soon as possible regarding issues with your order or the product(s) you have ordered. We need to be informed of any issues within two (2) days of the delivery to give us the best chance of successfully resolving the issue.
ACCURACY OF CONTENT
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
QUALITY POLICY
Our flower arrangements are unique and handcrafted, so no two arrangements are ever the same. Every effort is made to match orders as closely as possible to the product photographs and descriptions. While slight variations are sometimes necessary, the concept and quality of the item ordered are always guaranteed.
Bouquets may be delivered by us in bud to ensure longer life.
DISCOUNT CODES
Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this website.
The conditions of use relating to any discount code will be specified at the time of issue.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Happy Days Factory and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Happy Days Factory liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Happy Days Factory and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Happy Days Factory.
INDEMNITY
You agree to indemnify, defend and hold harmless Happy Days Factory, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
VARIATION
Happy Days Factory shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the products and services and/or any page of this Website.
INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
COMPLAINTS
If you have a complaint about us email Contact Us giving full details including date of purchase and order reference number where applicable and your full name and address and contact details.
We are always happy to hear from our customers. We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied with the service we offer. If you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to contact us.
Or, write to us at:
HappyDaysFactory
488 Stone Close
Yiewsley
West Drayton
UB7 8JU
Our VAT Number: GB 320618435
Data Protection Licence Number:ZA514333
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 Office address
488 Stone Close
Yiewsley
West Drayton
UB7 8JU