Happy Days Factory
488 Stone Close, Yiewsley, West Drayton, England, UB7 8JU
Thank You for visiting Happy Days Factory.
We will do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your gifts.
These are the terms and conditions on which we supply products to you, whether these are goods or digital content available on www.Happydaysfactory.com Website in the United Kingdom. These Terms are legally binding. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions or require clarification on these Terms, please contact us by referring to the table in clause 1.2.
If you do not agree to these Terms, you must not order any products from this Website or the App.
DEFINED WORDS: In these Terms a bold, capitalised word has a particular meaning. These relevant words can be found in brackets after their meaning. Any reference in these Terms and Conditions to “we”, “us” or “our” is a reference to Happy Days Factory. Any reference to “you” or “your” is a reference to any consumer and these references may be used interchangeably.
1INFORMATION AOUT US AND HOW TO CONTACT US
1.1Who we are
Happy Days Factory is a company registered in England and Wales Our registered office is 488 Stone Close, Yiewsley, West Drayton, UB7 8JU
1.2 How to contact us
You can contact our customer service team (Customer Service Team) in the following ways:
Available between the hours of 9.00am – 5.00pm, Monday to Friday 5 days a week (excluding bank holidays).
488 Stone Close, Yiewsley, West Drayton, UB7 8JU
1.3 How we may contact you
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 "Writing" includes emails
When we use the words writing or written in these terms, this includes emails.
1.5 Your status
You must be at least 18 years old to place an order on our Website
2 ORDERING FROM Happy Days Factory
2.1 How to place an order
In order to place an order with us, we do request you to create an online account with us (When you create an Account, you will need to supply us with your real name and a valid email address. Please also see section 18.1.
You place an order on the Website or App by pressing the Checkout button during the checkout process. By confirming your order, you are agreeing to purchase the product you have selected which shall be subject to these Terms.
When you confirm your order, we will take payment for your order by means of your nominated payment method.
We will then send to you an order confirmation email detailing your order and any other information we must provide to you.
2.2 How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a legally binding contract (Contract) will come into existence between you and us.
2.3 If we cannot accept your order
There may be circumstances in which we are unable to accept your order, because of something we discover after we send you an order confirmation email. If this is the case, we will inform you of this via email and will refund you for the product. We may be unable to accept your order because: (a)we have identified an error in the price or description of the product;
(b) it appears that the order mistakenly duplicates another order;
(c) the use of images for a Personalised Product are corrupted, unsupported technically or inadequately pixelated;
(d) your Personalised Product contravenes, or appears to contravene, our Content Rules (section 3.4);
(e) with products containing alcohol, we know or suspect that you are not 18 years of age. Due to the Licensing Act 2003, we are not permitted to sell alcoholic products to anyone under 18. We may refuse an order or a delivery of alcoholic items at our discretion. By placing an order for alcohol, you confirm that you and the recipient of the order, if different, are both aged 18 years or over;
(f) there are unexpected limits on our resources which we could not reasonably plan for
(g) a credit reference we have obtained for you does not meet our minimum requirements or we cannot obtain authorisation for your payment;
(h) we suspect that the order has been placed fraudulently;
(i) we are unable to meet a delivery deadline you have specified;
(j) the product is out of stock;
(k) a promotional offer or discount code has been used outside of a valid promotion period or has expired; or
(l) your order otherwise breaches any of the requirements of these Terms.
2.4 Your order number
We will assign an order number to your order and tell you what it is when we send you an order confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.
2.5 Ordering multiple products
When ordering multiple products as part of the same order, we will inform you, within a reasonable time period, as to whether we will (or can) dispatch on the same day or as part of the same delivery. Please note that we cannot guarantee that multiple products within the same order will be delivered in the same package or at the same time.
3 OUR PRODUCTS
The cards and other products sold by us through our Website are manufactured and shipped from a range of different in-house and third-party production facilities based in the United Kingdom,. All of our suppliers of alcoholic goods are fully licenced under the terms of the Licencing Act 2003.
3.1 Products may vary slightly from their pictures
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
3.2 Product packaging may vary
The packaging of the product may vary from that shown in images on our website.
3.3 Personalised Products
If the product includes personalised content selected by you, it is a personalised product (Personalised Product). If it is a standard product which does not include any content selected by you, it is a non-personalised product (Non-Personalised Product).
It is up to you to ensure the content you have contributed for inclusion in a Personalised Product is correct (for example the content is correctly spelt). You can find sizing information about personalised t-shirts.
Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct.
If you are uploading a photo, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image, we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it however we cannot accept responsibility if your Personalised Product does not meet your expectations.
By uploading or including any content or material (including but not limited to photographs, graphics, text and other material) (Customer IP) in a Personalised Product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing our obligations under these Terms and exercising any rights you may grant to us. Please note that we may modify content or material in order to conform it to Happy Days Factory or the requirements of the product you have ordered (such as by cropping images).
The rights and ownership to the Customer IP will remain yours, or the person who gave you permission to use the Customer IP.
If you use third party copyright in any Personalised Product, it is your responsibility to ensure that you seek permission from the copyright owner. We will not accept any liability whatsoever if any Customer IP infringes on third party copyright. You will be held responsible for any fees and third party damages we may have to pay to a third party because of such infringement and you will be liable to reimburse these payments to us in full.
3.4 Content Rules
We do not permit Personalised Products to include any content or material which:
(a) infringes anyone's IP (see below the definition in section 11). In particular, you must ensure that you either own the IP in the Customer IP that you wish to include in a Personalised Product or that you have permission from the IP owner to include that Customer IP in the Personalised Product;
(b) contravenes any applicable law (including, without limitation, any criminal law) or regulation;
(c) is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
(d) misrepresents identity or impersonates any person;
(e) includes personal data about another person, such as their address, phone number, or email address, except with the written approval of that person;
(f) is pornographic, obscene, indecent or offensive, has sexual connotations, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
(g) may harass, upset, embarrass or alarm any person;
(h) gives the impression that it originates from or has been approved by us, our partners and licensors, whether by reference to our/their name or otherwise;
(i)may violate the integrity and reputation of our name, and the names of our partners and licensors;
(j) advocates, promotes or assists any unlawful act;
(k) includes or makes reference to illegal drugs; or
(l) makes reference to politicians' names and/or political statements.
3.5 Substitute gifts or flowers
Please note that if gifts or flowers are unavailable, we may substitute them with alternative gifts or flowers unless you request us not to do so. Please contact us as soon as possible via Email or Webchat if you would like a refund instead of the substitute gift.
4 PRICE AND PAYMENT
4.1 Where to find the price for the product
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see section 4.5 for what happens if we discover an error in the price of the product you order.
You can pay for your products using credit card, debit card, PayPal, any account credit, or any other payment method which we make available to you at the time of your order. Please note that we do not accept payments via American Express. VAT
Should you require a full VAT invoice you can request this via our contact form. Please allow up to 28 working days for the full VAT invoice to be sent.
4.3 Offers, discounts, vouchers and competitions
If you have been sent a discount code or voucher by us, you must apply it at the checkout to benefit from a discount or price reduction.
Please note that promotional offers, discount codes and vouchers can only be applied to our specified products. They cannot be used for discounts on postage or delivery charges unless otherwise specified.
Promotional offers and discount codes must be used within the valid offer time, but we reserve the right to dispatch products outside of this period.
Happy Days Factory reserves the right to cancel, change or extend offers at any given time, without notice. Promotions cannot be backdated or applied retrospectively to orders already placed.
There are no cash alternatives for offers or discount codes.
For further information on Happy Days Factory Reminders, please see section 13.
4.4 What happens if we got the price wrong?
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
4.5 What to do if you think your order confirmation receipt or invoice is wrong
If you think your order confirmation receipt or invoice is wrong, please contact the Customer Service Team promptly to let us know.
5 DISPATCH, DELIVERY AND PROVIDING THE PRODUCTS
5.1 General information
The dispatch date is the date that we send the item, not the date that it is delivered.
During the order process, we will generally notify you of the dispatch dates available and the expected timeframe for receiving your order. However, Happy Days Factory does not guarantee delivery dates or times, unless a Special Delivery is requested (in which case we will guarantee the delivery date and time). We will make you aware of delivery charges (if any) before you place your order.
For orders that are accepted, unless we inform you otherwise in the order process, we will dispatch the product you have ordered within 3 days of the order.
It is your responsibility to ensure that the postal information you input for delivery is correct.
Errors in the address may cause unnecessary delay and/or result in unsuccessful delivery of your items. You can check that you have the correct UK postcode by using the Royal Mail's handy postcode finder available at www.royalmail.com/find-a-postcode. Please note we are not responsible for the accuracy of the Royal Mail's postcode finder.
5.2 Dispatch from UK
We have suppliers in the UK. By placing your order with us for a product which is dispatched by us, you are agreeing to take title to your products at the point of dispatch from our production facilities and we will dispatch your products on your behalf. Your rights as a consumer are not adversely affected. For completeness, risk in a product you have purchased does not pass to you until delivery or attempted delivery of the product.
5.3 Delivery costs
The price of most products on our Website and App do not include delivery costs. We will notify you of the delivery cost at the checkout stage before you place your order.
There may be occasions from time to time (for example, a promotion) where delivery costs are included in the price of our product. On these occasions, this information will be clearly stated on our Website or App.
We reserve the right to change the delivery costs at any time
5.4 Same day dispatch
We will not be able to offer same day dispatch and the orders will be processed the following day.
5.5 Delivery options
For more information on the range of delivery options available, please see delivery terms.
5.6 Estimated delivery times
Products are delivered by Royal Mail (or another third party carrier from time to time). Estimated delivery times for all UK orders are set out. These Terms are in relation to deliveries made in the UK only.
5.7 We are not responsible for delays outside our control
If our supply of the products is delayed by an event outside our control (such as acts of God, natural disasters, epidemics or pandemics, terrorist attacks, war or threat of war, riots, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any laws imposing an export or import restriction, quota or prohibition, or failing to grant necessary licence or consent, collapse of buildings, fire, explosion or accident, industrial action, interruption or failure of utility service) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. However, if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received. Your statutory rights as a consumer are not affected.
5.8 If the recipient is not at home when the product is delivered
We operate a "Leave Safe" policy. This means that the carrier will attempt delivery at the recipient's address first. If there is no response, they will attempt to leave the product with a neighbour or in a nominated safe place. If the carrier cannot deliver the product in any of these ways, and the product cannot be posted through the recipient's letterbox, the carrier will leave the recipient instructions informing them how to re-arrange delivery or collect the products from a local depot. Please note that flowers delivered by Yodel will be left on the recipient's doorstep regardless.
5.9 Re-arranging delivery/collection
If no one is available at the recipient's address, it will be your responsibility to re-arrange delivery or make arrangements for collection with the carrier. Instructions on how to do so shall be left at the time of attempted delivery.
5.10 When you become responsible for the goods
A product which is goods shall be your responsibility from the time we deliver or attempt delivery of the product to the address you gave us.
5.11 When you own goods
You own a product which is goods once we have received payment in full.
5.12 What will happen if you do not give required information to us
We may need certain information from you so that we can supply the products, for example, the delivery address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Section 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
5.13 Reasons we may suspend the supply of products to you
We may have to suspend the supply of a product to deal with technical problems or make minor technical changes; update the product to reflect changes in relevant laws and regulatory requirements; or make changes to the product as requested by you or notified by us to you.
5.14 Your rights if we suspend the supply of products
We will contact you as far in advance as practicably possible to tell you we will be suspending supply of the product.. If we have to suspend the product for longer than 48 hours, we may contact you to cancel your order and refund any sums you have paid. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
5.15 Delivery outside the UK
No products can be delivered outside of the UK.
6 YOUR RIGHT TO MAKE CHANGES
As a courtesy, we may allow you to make changes to your order on your Happy Days Factory Account. If you cannot make changes on your Happy Days Factory Account, then you will need to contact our Customer Service Team by Email or Webchat (see section 1.2 for contact details). Please have your order number or the email address you registered with us available so we can answer your query as quickly as possible.
We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7 OUR RIGHT TO MAKE CHANGES
We may have to make minor changes to a product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. Minor changes will not affect your use of the product.
7.2 Significant changes
There may be circumstances where we have to make significant changes to our products. If we do need to make such changes, we will notify you of this. You may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
8 YOUR LEGAL RIGHTS TO END THE CONTRACT
8.1 Your rights
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract, including:
(a) if what you have bought is faulty or mis described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see section 9.1;
(b) if you want to end the contract because of something we have done or have told you we are going to do, see section 8.2;
(c) if you have just changed your mind about the product, see section 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see section 8.5.
8.2 Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products which have not been provided. You may also be entitled to compensation. The reasons are:
(a) We have told you about an upcoming change to the product or these Terms which you do not agree to (see section 7.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c)there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
How long you have depends on what you have ordered and how it is delivered:
(a) Have you bought goods (for example, a Non-Personalised Product)? if so you have 14 days after the day you (or the recipient) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or the recipient) receives the last delivery to change your mind about the goods;
8.4 When you don't have the right to change your mind
You do not have a right to change your mind in respect of
(a) Personalised Products;
(b) products which are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) perishable goods, such as food, drink and flowers, which deteriorate rapidly; and
(d) services, once these have been completed, even if the cancellation period is still running.
8.5 Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind (see clause 8.1) you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.6 Summary of your legal rights We are under a legal duty to supply products that are in conformity with these Terms.
For a summary of your legal rights, please see the table below. This is subject to exceptions and is subject to change from time to time. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk
Personalised Products, Non-Personalised Products and Flowers
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
Please also see section 8.3.
9 ENDING YOUR CONTRACT WITH US
9.1 Reporting a problem
If you have questions or are unhappy with your order, please contact our Customer Service Team Email or call (see section 1.2 for contact details). You will need to quote your order number, the email address you have registered and the details of the problem with the order.
We aim to acknowledge any complaint within 14 days and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and to correct any future problems. Should it be necessary, we will then advise you how to return your item.
We offer 3 days of freshness guarantee for flowers. Please note, because flowers are perishable, we need to be informed of any problem with your order within five days of delivery to give us the best chance of resolving the issue. We reserve the right to refuse a refund or replacement.
If you receive a product from us in error, you must inform our Customer Service Team immediately. Our Customer Service Team will then provide you with instructions on how to return or securely destroy the product.
9.2 Your legal obligation to return rejected products
If you wish to exercise your legal rights to reject products you must return them back to us. If you have ordered a gift, please return the product to the return address stated on the package. If you have ordered a card or flowers, please contact the Customer Service Team for more information.
9.3 Procedure for returns and refunds
We will refund you the price you paid for the products including delivery costs, by the method you used for payment within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with or to your PayPal account. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.
Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size. Please see section 3.3 on Personalised Products for more information.
If the recipient receives damaged flowers or they fail to arrive, please contact us immediately so that we can arrange to resend the flowers on the next available delivery date or offer a full or partial refund. The amount of partial refund will depend on the specific circumstances surrounding the flowers.
As is the case with other gifts, it is not our policy to offer both a refund and a resend. Where flowers have been damaged we will normally ask for photographs clearly showing the problem so we can use them to determine what is going wrong with our system or our couriers. 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 and in line with the instructions provided. Putting them by heat sources or draughts, or failing to change the water will damage them. We include instructions and flower-food with all our arrangements. All flowers should normally last three 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 three days of the delivery to give us the best chance of successfully resolving the issue.
Including soft toys, gift boxes, gift cards, food gifts, alcohol gifts, sealed beauty gifts, sealed jewellery gifts.
Please refer to section 8.4 for Non-Personalised Products which cannot be returned.
Where an item is faulty, please contact our Customer Service Team, We will either ask you to return the item to us within three days of receipt or to take a photo of the item before returning it back to us. You can speak to our Customer Service Team for a Freepost returns address if you do not have one. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.
If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with or to your PayPal account. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.
Please note that if the value of the product has been reduced by any handling of it beyond what is necessary to check whether the product is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you. Note that the value of a product may be reduced to nothing if its seal (or similar) is broken.
9.4 When we will pay the costs of return
We will pay the costs of return if:
(a) the products are faulty or mis described;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
(c) if we, or on behalf of our suppliers, have requested a return of the product due to a product recall.
9.5 Deductions from refunds if you are exercising your right to change your mind
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10 OUR RIGHTS TO END THE CONTRACT
10.1We may end the contract if you break it
We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time, allow us to deliver the products to you or the recipient or collect them from us/your local depot.
10.2 You must compensate us if you break the contract
If we end the contract in the situations set out in Section 10.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11 Happy Days Factory INTELLECTUAL PROPERTY
For the purposes of these Terms, the following words will have the meanings as set out below:
(a) IP means intellectual property rights of any nature, including (for example) patents, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, whether registered or unregistered, and including all applications for such rights, and rights to apply for and be granted such rights, and renewals or extensions of such rights, and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist, or will subsist, now or in the future, in any part of the world.
(b) Content means all text, software, applications, graphics, audio, visual and/or audio-visual material (including but not limited to, music, sound, still visual images, photographs and video), data, database content, page layouts, design and other multi-media content, information and material, including the metadata relating to such content.
Unless otherwise stated, all Content on and IP in relation to our Website and/or App is wholly owned by Happy Days Factory or its licensors.
Happy Days Factory is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.
You may use and access our Website and/or App to the extent and purpose required for ordering any products and/or services made available by Happy Days Factory in accordance with these Terms.
You are not allowed to:
(a) remove any notices relating to IP contained in any Content, material and/or products taken from our Website, App or otherwise;
(b) whether for a commercial purpose or otherwise, copy, distribute, show in public and/or create any derivative work from, any material, Content or IP owned by Happy Days Factory without the prior express written permission and licensing by us to do so;
(c) use Happy Days Factory, including but not limited to, its Website, Content, IP, products and/or services for any commercial purpose other than in accordance with these Terms; and
(d) use any robot, spider, scraper or other automated means to access the Website or App for any purpose without our prior express written permission.
Any rights not granted in these Terms are reserved for our own benefit.
12 OUR WEBSITE
We will always try to ensure that our Website 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 period.
Please note that we run AB price tests on our Website. This is a randomised process by Happy Days Factory servers when a customer visits our Website. This means that if you are randomly selected, you may have a slightly different browsing experience to other users.
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of these websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites, you do so at your own risk.
13 Happy Days Factory REMINDERS
13.1 How to participate
You can set up reminders for your upcoming events (Reminder) on your Happy Days Factory Account or during the checkout process and you may benefit from discounts off such cards from time to time (Reminder Voucher).
13.2 How it works
The Reminder must be set at least 9 days before the date of your event (Event Date). Before your Event Date, we will send you a push/email notification to remind you of the Event Date. This push/email notification includes details about the Reminder Voucher offer (where applicable) which is valid for 7 days.
Your Reminder Voucher (where applicable) will automatically be generated and applied to your session when you click on the email link or tap on the notification. When you log into your Happy Days Factory Account, the Reminder Voucher (where applicable) will be applied to your basket.
Each Reminder is considered to be marketing activity. By setting up Reminders, you are giving Happy Days Factory permission to email or notify you about the Event Date, even if you are opted-out of other marketing activity (for instance, newsletters). To stop getting Reminders, you need to delete the Reminders that you have set up from your Happy Days Factory Account.
14 GIFT CARDS
Physical gift cards may be purchased at our Website. Happy Days Factory acts as an agent for the physical gift cards purchased by you as the gift cards are supplied by external card providers. The relevant card provider's terms and conditions will apply and be shared with you at the point of purchase.
15 CUSTOMER REVIEWS
By submitting a review on our Website, App, Trust Pilot or any other third party websites you confirm and agree that you are the sole author of the review, your review is accurate and that you are at least 18 years' old.
For any review that you submit, you grant Happy Days Factory a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.
You must agree that you will not submit a review that:
(a) you know to be false, inaccurate or misleading;
(b) is confidential or personal information of a third party;
(c) breaches any applicable law, or that advocates, promotes or assists any unlawful act;
(d) infringes anyone's intellectual property rights;
(e) is or can be regarded as offensive, abusive, threatening or defamatory;
(f) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
(g) references any other website or service;
(h) misrepresents identity or impersonates any person;
(i) pornographic, obscene or indecent;
(j) may harass, upset, embarrass or alarm any person; or
(k) comments on any other reviewer.
We reserve the right to decline publication of reviews or to remove reviews at our discretion. By submitting your email address in connection with your rating and review, you agree that Happy Days Factory may use your email address to contact you about your review. We will not pass your details onto any third parties without your consent. Happy Days Factory accepts no liability for your personal information in relation to reviews you leave on third party websites.
16 HOW WE MAY USE YOUR PERSONAL INFORMATION
17 WE ARE RESPONSIBLE FOR LOSS OR DAMAGE SUFFERED BY YOU
17.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
17.2We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for faulty products under the Consumer Protection Act 1987.
17.3 We are responsible for damage to your device which results from faulty digital products
If faulty digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice and/or instructions.
17.4 We are not responsible for damage or loss arising from your actions
We are not responsible for any damage or loss incurred by you when such loss or damage is caused by negligence, wilful misconduct or concealment of information by you (deliberate or otherwise).
17.5 We are not responsible for losses to your business
We only supply products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.1 Your Happy Days Factory Account
Please note that we do not perform verification checks when you create a Happy Days Factory Account, and it is therefore important that you provide your real name and a valid email address when signing up. This is to ensure compliance with these Terms and so that our Customer Service Team can perform identity verification if you ever contact us about your order. A valid email address is also required to receive any other communications mentioned in these Terms. We will not be responsible for being unable to verify your identity or not being able to assist with your queries if you have used a fake name or email address.
If you are found to be in breach of these Terms, we reserve the right to suspend your Happy Days Factory Account, you order and all access to Happy Days Factory Website and App.
In addition, we are entitled to suspend provision of all or part of our services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
18.3 Change of Terms
These Terms may change from time to time and when they do, we will post the new version of the Terms on the Website and the App and flag it appropriately.
18.4 We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation.
18.5 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, you may transfer our guarantee to the recipient who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the recipient to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.
18.6 Nobody else has any rights under this contract (except someone you pass your guarantee on to)
This contract is between you and us. No other person shall have any rights to enforce any of its Terms, except in respect of the guarantee as explained in clause 18.5.
18.7 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.8 Even if we delay in enforcing this contract, we can still enforce it later
Just because we do not insist immediately that you do anything you are required to do under these Terms, it does not mean you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.9 Which laws apply
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.