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 n 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 & Conditions;
1.4 "Goods" means the articles that
the Buyer agrees to buy from the Seller;
1.5 "Seller" means The Happy Hacker
of Burghers Close, 141 South Street, St Andrews, KY15 9UN that owns
and operates www.happyhacker.co.uk;
1.6 "Terms & Conditions" means
the terms & conditions of sale set out in this agreement and
any special terms & conditions agreed in writing by the Seller;
1.7 "Website" means www.happyhacker.co.uk.
2.1 Nothing in the Terms & Conditions shall
affect the Buyer's statutory rights as a Consumer.
2.2 These Terms & 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 the Terms
2.4 Any complaints should be addressed to the
Seller's address stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be
an offer by the Buyer to purchase Goods pursuant to these Terms
& 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.
3.3 When making an order through the Website,
the technical steps the Buyer needs to take to complete the order
process are described in Payment, Shipment & Returns.
4. Price & Payment
4.1 The price of the Goods shall be that stipulated
on the Website. The price is inclusive of VAT (if applicable). The
price excludes delivery charges.
4.2 The total purchase price, including VAT (if
applicable) 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
4.4 a) Payment of the price plus VAT (if applicable)
and delivery charges must be made in full before dispatch of the
4.4 b) In the case of Consumer sales, payment
of the price plus VAT (if applicable) and delivery charges must
be made in full before dispatch of the Goods.
5. Rights of the Seller
5.1 The Seller reserves the right to periodically
update prices on the Website, 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
6.1 Goods supplied within the UK will normally
be delivered within 3 to 5 working days of acceptance of the order.
6.2 Goods supplied outside the UK will normally
be delivered within 3 to 10 working days of acceptance of the order
depending on the worldwide destination.
6.3 Where a specific delivery date has been agreed
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.
6.4 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.
6.5 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.
6.6 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.
6.7 Title in the Goods shall not pass to the
Buyer until payment of the price has been made in full.
6.8 Upon arrival of your order it is very important
that before you sign for the goods you fully check the packaging
for any signs of damage as this will need to be noted at the time
of delivery to enable us to claim compensation from the carrier
in case the enclosed item is also found to be damaged. The carrier
will not entertain a claim unless damage is recorded at the time
7. Cancellation & Return
7.1 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.
7.2 The Buyer shall inspect the Goods immediately
upon receipt and shall notify the Seller by email 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
7.3 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/faulty.
7.4 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 email within 7 working days
of receipt of the Goods.
7.5 Goods must be returned by the Buyer at the
Buyer's expense with 28 days of cancellation securely wrapped 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) and for return
postal charges (and insurance costs where necessary) if the goods
are proved to be defective/faulty. If the goods are not defective/faulty
then the Seller will pay the return postage and insurance costs.
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.
7.6 Goods to be returned must clearly show the
return number obtained from the Seller on the package.
7.7 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.
8. Website Usage
8.1 the content of the pages of this website
is for your general information and use only. It is subject to change
8.2 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 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.
8.3 Unauthorised use of this website may give
rise to a claim for damages and/or be a criminal offence.
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 & 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
9.2 Nothing in these Terms & Conditions shall
exclude or limit the liability of the Seller for death or personal
injuryresulting from the negligence of the Seller or that of the
Seller's agents or employees.
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 lant 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.
If any term or provision of the Terms & 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 & Conditions had been agreed
with the invalid illegal or unenforceable provision eliminated.
13. Changes to Terms & Conditions
The Seller shall be entitled to alter these Terms
& Conditions at any time but this right shall not affect the
existing Terms & Conditions accepted by the Buyer upon making
14. Governing Law & Jurisdiction
These Terms & Conditions shall be governed
by and construed in accordance with the law of SCOTLAND and the
parties hereby submit to the exclusive jurisdiction of the SCOTTISH