TERMS & CONDITIONS
1. IN GENERAL
1.1 Access to and use of this website and the products and services available through this website are subject to the following terms, conditions and notices. By using the Services you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
1.2 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 not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.
2.1 Here at Happy Kids Fashion and The Company, we are dedicated to protecting the privacy of each and every one of our customers. We will not disclose any information regarding our customers or visitors to the site to any third parties apart from where it is part of providing a service to you – this includes; arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research or when you have given us your permission to do so.
The Company will not provide or sell any of your personal details or any credit card information to third parties (excluding partners from whom you may have linked to our site) without your permission.
2.3 COMMUNICATION & MARKETING
If you have made a purchase from the website we may occasionally update you on our latest products and offers via e-mail. You will also be given the opportunity to receive such communications from us and selected third parties when you become a member of happykidsfashion.com
All Happy Kids Fashion members have the option to unsubscribe from marketing communications from us. If you do not wish to continue to receive e-mails from us and/or selected third parties you should opt-out clicking on the "unsubscribe" link in any emails which we might send you this will then suspend your e-mail notifications however you can sign up again if you wish to do so.
If you have registered with Happy Kids Fashion then your computer will store an identifying cookie which will save you time each time you re-visit the website, by remembering your email address for you. Cookies are small files which are stored on a user's computer. They are designed to hold a small amount of data specific to a particular client and website, and can be accessed either by the web server or the client computer. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent.
2.5 PROTECTING YOUR SECURITY
We may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity - a credit check is not performed and your credit rating is unaffected.
2.6 TRANSFERS OF YOUR INFORMATION
The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Happy Kids Fashion or one of our suppliers. Such processing may, for example, be required in order to fulfill your order, process your payment details or provide support services.
Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; 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.
2.7 DISCLOSURES OF YOUR INFORMATION
We may disclose your personal information to any of our group of companies. We may also disclose your personal information to third parties:
in the event that Happy Kids Fashion sells or buys any business or assets;
if Happy Kids Fashion or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of Happy Kids Fashion, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
2.8 THIRD PARTY SITES
When shopping on happykidsfashion.com you may come across links to and from the websites of our partner networks and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for. Please check these policies before you submit any personal data to these websites.
2.9 CHECKING YOUR DETAILS
If you wish to verify the details you have submitted to Happy Kids Fashion you may do so by contacting us via the e-mail address or address given below. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your e-mail and password. We recommend that you do not use your browser's password memory function as this may result in someone accessing your personal information.
2.10 CONTACTING US
Happy Kids Fashion (at the address below) is the data controller for the purpose of the Data Protection Act 1998 (the Act).
You have the right to access the information which Happy Kids Fashion holds about you and your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
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 a member of the Happy Kids Fashion Customer Care team, who will be happy to help with any questions or queries you may have.
You can either contact Customer Care at firstname.lastname@example.org
Or, write to us at:
Happy kids Fashion
2 Inspiration Avenue
3.1 You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Happy Kids Fashion and The Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
4. INTELLECTUAL PROPERTIES
4.1 The intellectual property rights in all software and content made available to you on or through this website, remains the property of Happy Kids Fashion and are protected by copyright laws and treaties. All such rights are reserved by Happy Kids Fashion. You may 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 inclusive of social media networking sites.
5. TERMS OF SALE
5.1 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.
5.2 Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or for uncontrollable forces which we will not be responsible. Please see our Delivery Charges notice for further information.
5.3 In order to contract with Happy Kids Fashion you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
5.4 Happy Kids Fashion retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will always be Happy Kids Fashion. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised 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.
5.5 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.
5.6 PRICING AND AVAILABILITY
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.
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'.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill 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.
5.8 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. All discount codes apply to full price items only.
6. 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 Kids Fashion 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 Kids Fashion liability for death or personal injury arising from its negligence, or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
7. 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 including its content, 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.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with Happy Kids Fashion and you should not rely on the existence of such a connection or affiliation.
You agree to indemnify, defend and hold harmless Happy Kids Fashion, 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.
Happy Kids Fashion shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.
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.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
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.
14. GOVERNING LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
15. ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Happy Kids Fashion . Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Happy Kids Fashion.
16. RETURNING UNWANTED ITEMS.
You can return any unwanted item to us for a refund up to 14 days after purchase, provided it is in its original, unused condition and you the consumer have taken reasonable care of the goods whilst in your possession.
PRAMS, COTS & LARGE ITEMS TERMS & CONDITIONS
1. PRICES & PAYMENT
2. All prices quoted are inclusivre of VAT at current rate.
3. All goods remain the property of Happy Kids Fashion Ltd until full payment is received.
4. Happy Kids Fashion Ltd reserves the right to change prices without prior notification.
5. All goods remain the property of Happy Kids Fashion Ltd until cleared payment has been received.
6. Notwithstanding delivery of goods supplied as above the buyer shall not acquire title to such goods until full payment has been made. If such payment is overdue in whole or in part, then Happy Kids Fashion Ltd will be entitled to repossess the goods or any part of the goods and enter upon any premises where the goods may be situated for that purpose. If any of the goods have been incorporated with any other goods before such payment the property in whole or such other goods shall remain with the seller until such payment has been made.
7. DELIVERY OF GOODS
8. Every effort will be made to meet forecast delivery dates, but we cannot, however accept liability for any loss arising from timely delivery failure.
9. In the event of any discrepancies, we must be notified within 48 hours of delivery.
10. Any damage must be notified within 48 hours of delivery.
11. All goods supplied are on a non-returnable basis unless within the guarantee period and have a manufacturing fault after inspection by Happy Kids Fashion Ltd staff.
12. For non-delivery of carriage orders due to a customer error an additional charge for carriage will apply to cover costs charged by carrier.
13. Furthermore, please review:
14. STOCK AVAILABILITY
15. All goods are subject to availability.
16. Happy Kids Fashion Ltd reserve the right to change products and colours without prior notice.
17. All products are supplied on a first come first served policy.
18. ERRORS & OMISSIONS
19. We make every effort to ensure that the information on our site is accurate and up to date. We will promptly correct any errors brought to our attention.
20. If you find an error, please contact us: email@example.com
21. We can accept no responsibility for information or opinions from third-parties, contained within this site, or for the content of links from this site.
22. Product photographs are for illustration only; products may differ slightly from those shown.
23. Specifications and product descriptions are for guidance only and cannot be guaranteed accurate. E&OE.
24. We reserve the right to withdraw any item from sale, at any point prior to dispatch. Where an item has been “sold out”, we will promptly inform you within 3 working days.
25. All orders placed from our website legally constitute offers to purchase from us.
26. Any email sent after placing your order is merely an acknowledgement of receipt of your order and not an acceptance. This acknowledgement is part of an automated system and is not part of the contract.
AFTER SALES SERVICE POLICY
27. GUARANTEE PERIOD
28. Happy Kids Fashion Ltd products now come with a standard 6 months guarantee, we encourage customers to sign up within 28 days of purchase for extended warranty, these details can be found on the related products where applicable.
29. Where a consumer has not signed up, they will be referred back to the Vendor(s). This does not affect their statutory rights.
30. REFUND, REPLACEMENT OR REPAIR
31. Any decision or gesture of goodwill given by the Vendor to a consumer regarding a refund, replacement or free of charge repair cannot be made on behalf of Happy Kids Fashion Ltd
32. Whilst a Vendor might have their own shop floor policy, any such decisions will not be made by Happy Kids Fashion Ltd until inspection of the product.
33. REPORTING A FAULTY PRODUCT
34. Before reporting a product as “faulty”, the Vendor(s) must believe the fault is of a manufacturing nature.
35. Products can be collected from the Vendor for inspection by contacting our aftersales team either by phone or email. Tel: 01206 email: firstname.lastname@example.org
36. The following information is required:
37. Customer name & order number (For online Vendors)
38. Order date & delivery date for (Instore/showroom sold products)
39. Invoice number from when goods were delivered/collected
40. Reason for return
41. Happy Kids Fashion Ltd reserve the right to carry out a repair on any item(s) that are over 14 days of purchase.
42. COLLECTION & RETURN COSTS
43. Where there is a claim of a fault with a product and the claim is within the warranty period, initially we will request images, videos and reason for the claim/issue, if the issues can be resolved with spare parts, this would be the 1st course of action, where a spare part does not resolve the issues or the product would need to be inspected by approved personnel then a collection will initially be carried out free of charge, however after inspection, Happy Kids Fashion Ltd reserve the right to charge for the collection and return cost and where applicable for the repair cost (should the fault be deemed of a non-manufacturing nature, or no fault is found with the product). A clear service center report can be obtained upon request.
44. For repairs outside of the guarantee period, collection and return costs need to be paid by the Vendor prior to booking the collection.
45. A full collection and return is currently charged at £7.50 to collect, £ 5.40 to return back to the Vendor, prices exclude VAT.
46. A credit / debit card must be provided as a guarantee (if invoice facilities are not available) to secure the booking. No charge / invoice will be made at this time
47. (unless the item is out of the guarantee period). Please refer to section 6 (Repair Costs) for details of potential use of the card / invoice facility.
48. Happy Kids Fashion Ltd reserve the right to request photographic evidence of the issue in order to help establish if the fault is manufacturing and to establish if collecting the item is economical. Providing photographs may help Happy Kids Fashion Ltd to advise of a worst case scenario and the associated costs prior to collecting for inspection.
49. Should a Vendor decide to use their own courier to return an item to Happy Kids Fashion Ltd, please ensure that the item is booked in with the After Sales Team.