Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you the products (Products) listed on our website www.hoohaa.co.uk (our site) via one of our subscription services (Services) and the Products and Services supplied one time only (Direct sale). Please read these terms and conditions carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. By ordering any Products or Services you automatically accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products nor Services from our site.
1. INFORMATION ABOUT US 1.1 We operate the website www.hoohaa.co.uk. We are HOOHAA Ltd, a company registered in the United Kingdom with the company number 13035874 and with our registered address at: 16 Wadebridge Square, Poundbury, Dorchester, England, DT1 3AQ. Email contact via our contact form.
2. SERVICE AVAILABILITY 2.1 Our site is only intended for use by people resident in the United Kingdom of Great Britain and Northern Ireland and the Republic of Ireland (Serviced Countries). We do not accept orders from individuals outside those countries.
3. YOUR STATUS By placing an order through our site, you warrant that: 3.1 you are legally capable of entering into binding contracts; and 3.2 you are at least 18 years old; 3.3 you are resident in one of the Serviced Countries; and 3.4 you are accessing our site from that country.
5. VOUCHERS AND GIFT CARDS 5.1 We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence. 5.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. 5.3 We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time. 5.4 Vouchers may only be redeemed through the website HOOHAA.co.uk and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher. 5.5 Any discount codes are subject to the advertised terms and may not always be redeemable against all products and/or shipping fees unless otherwise stated. Gift cards may be redeemed against any products or shipping fees. 5.6 Gift cards will expire one year from the Order confirmation, unless otherwise stated on the Order confirmation or the Gift card. 5.7 Multiple discount codes can not be used together in the same order. 5.8 Certain products may not be eligible with certain discount codes, and HOOHAA makes no guarantees discount codes will be accepted until you receive an Order Confirmation.
6. CONSUMER RIGHTS 6.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below). 6.2 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your other statutory rights as a consumer. 6.3 The EU website for online dispute resolution is available at: http://ec.europa.eu/consumers/odr/
7. AVAILABILITY AND DELIVERY Subscription delivery is free, and your package should arrive within 2-3 working days from the date of your order, once your payment has been processed and order confirmation sent. For all other products, our order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 3-5 working days of the date of the Order Confirmation, unless there are exceptional circumstances. These delivery times are for guidance only, and may vary from time to time, and subject to courier restrictions and delays.
8. RISK AND TITLE 8.1 The Products will be at your risk from the time of delivery. 8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including potential delivery charges.
9. PRICE AND PAYMENT 9.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. 9.2 Product prices include VAT. 9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10. OUR REFUNDS POLICY 10.1 If you return a Product to us: 10.1.1 Because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you may be responsible for the cost of returning the item to us (see clause 6.2). 10.1.2 For any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us. 10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. WARRANTY We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12. OUR LIABILITY 12.1 Subject to clause 12.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products. 12.2 Nothing in this agreement excludes or limits our liability for: 12.2.1 Death or personal injury caused by our negligence; 12.2.2 Fraud or fraudulent misrepresentation; 12.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; 12.2.4 Defective products under the Consumer Protection Act 1987; or 12.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. WRITTEN COMMUNICATIONS Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail, sms or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. NOTICES All notices given by you to us must be given to HOOHAA using our contact form. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS 15.1 The contract between you and us is binding on you and us and on our respective successors and assignees. 15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. INTELLECTUAL PROPERTY RIGHTS 16.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved. 16.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors. 16.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
17. EVENTS OUTSIDE OUR CONTROL 17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 17.2.1 Strikes, lock-outs or other industrial action; 17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 17.2.5 Impossibility of the use of public or private telecommunications networks; and 17.2.6 The acts, decrees, legislation, regulations or restrictions of any government. 17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. WAIVER 18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. 18.2 A waiver by us of any default will not constitute a waiver of any subsequent default. 18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
19. SEVERABILITY If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT 20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. 20.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. 20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. 20.4 Nothing in this clause limits or excludes any liability for fraud.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS 21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 21.1 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
22. LAW AND JURISDICTION Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England.