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Web Site Design

Gerry Priest




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 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;

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

2. Conditions

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 & Conditions.

2.4 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 & 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 a Consumer.

4.4 a) Payment of the price plus VAT (if applicable) and delivery charges must be made in full before dispatch of the Goods.

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 and order.

6. Delivery

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 of delivery.

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 the Goods.

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 without notice.

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 whatever.

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.

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 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.

12. Severance

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 a purchase.

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 courts.







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