Terms and Conditions

Terms and Conditions Applicable to Ordering Goods

Thank you for visiting HappyBanny.com which is owned and operated by Martina Pellegrini (Individual person; trading as HAPPY BANNY, registered trade mark).

Please read these Terms and Conditions carefully as they constitute a binding legal agreement between you and HAPPY BANNY.

By accessing, viewing and/or ordering goods from this site by any means, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions then you must not use this site or order goods from this site. Please note that before proceeding with an order, you will again be required to indicate that you have read and understood the following Terms and Conditions.

1. Ownership

1.1 As outlined above, this site is owned and operated by Martina Pellegrini (Individual person; trading as HAPPY BANNY, registered trade mark). Our registered office is Via della Selvotta 16 INT 17B, Formello RM, 00060, Italy.

1.2 All rights in this website are owned by us. Any unauthorised use, copying or modification is prohibited.

2. Your Use of the Site

2.1 The site is made available for your personal, non-commercial use only, except where otherwise authorised by us.

2.2 HAPPY BANNY grants you a limited, non exclusive and revocable licence to access our website for the purposes of browsing our products, posting reviews in the reviews section, ordering goods from us or obtaining contact information for us. Your licence to use our site does not extend to any commercial use of the website, or to any use of our website whatsoever for the benefit of any commercial entity other than us (or one of our associated companies).

3. Capacity

3.1 You are only permitted to order goods from this site if you are aged 18 or over. If you are aged 13 years or over but under the age of 18 you must obtain the consent of a parent or legal guardian before ordering goods from this site and also the consent of the credit or debit card holder of the card being used to purchase the goods. HAPPY BANNY cannot and is not required to verify the age of consumers of the site.

4. Ordering Goods

4.1 All orders placed through our website are subject to our acceptance of the order.

4.2 When you submit an order to us on our website, you will receive an order confirmation email/receipt of your order stating that we are processing your order. You will then receive a second email from us when your order has been dispatched/completed.

4.3 You should check both emails for accuracy and let us know immediately if there are any errors. If your order does not deliver to you as a result of inaccurate address information being supplied we will not be liable to provide a replacement/refund.

Please note that neither of these above emails constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) only when we despatch the goods to you. Title to the goods will pass to you on delivery.

4.4 We offer two delivery options, standard and guaranteed delivery. If you place an order with standard delivery we will not be responsible for your order not reaching you due to issues with your national postal carrier. If you choose the guaranteed delivery option and your shirt does not reach you due to difficulties with your national/local postal service we will resend your order (if available) or refund you.

4.5 You appoint HAPPY BANNY in respect of each order you place with us on an irrevocable basis as your agent for the purposes of us giving instructions on your behalf in relation to Section 84 of the Postal and Telecommunications Services Act 1983 and thereby permit postal packets addressed to you to be opened, delayed, detained and/or for the due delivery of the postal packet to you to be interfered with or prevented.

4.6 Promotional codes are codes that enable customers to obtain benefits such as discounts, free delivery and free gifts. These codes are non-transferable so may only be used by the person to whom they are issued and must only be used in accordance with their terms and conditions of use. If you use a promotional code to claim a promotional benefit, you must first check that it was issued to you and that you are eligible to use it. By using it to claim a promotional benefit you will be confirming that:

  • you are entitled to use the code;
  • you meet all the conditions that apply to its use;
  • you agree to the terms set out below.

4.7 If, before accepting your order, we find that you are not entitled to use the code or do not meet all the terms and conditions of its use, we may reject your order or alternatively process it without the promotional benefit being applied. If, after accepting your order, we find that you were not entitled to use the code or did not meet all the terms and conditions of its use, we may reverse the benefit that you obtained. If you transacted on a cash basis e.g. by debit or credit card, we may take a further payment, equivalent to the value of the benefit obtained, from the card used. If you transacted on a credit basis, the value of the benefit obtained may be charged to your credit account.

4.8 Should you wish to cancel your order or return any goods, please go to the Returns section for further information.

4.9 Please note, you are responsible for all purchases made on your account and are personally liable for the full outstanding balance.

5. Processing your Orders, Payment and Exchange Policy

5.1 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur from time to time. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you within three days of you placing your order, we will treat your order as cancelled.

5.2 All prices shown on our website are inclusive of VAT where applicable.

5.3. We will take credit and debit card details from you at the time you place your order on our site. To ensure that your credit or debit card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against third party databases. By accepting these Terms and Conditions you consent to standard pre-authorisation checks being made to ensure there is sufficient funds to fulfil the transaction. All information provided by you will be held securely and strictly in accordance with the Data Protection Acts 1988 and 2003.

5.4 Garments (except those ordered during sales) may be returned to us (shipping at your charge) for exchange/store credit/refund within 14 days of the date of sale (to ascertain the date of sale please refer to your order email). If you wish to return a good to us please go to the Returns section for further information.

6. Delivery

6.1 We make every effort to deliver goods within the estimated timescales, however, delays are occasionally inevitable. We accept no liability for any delay or failure to deliver the products within the estimated timescales.

6.2 All items are subject to stock availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A refund will be given on request where you have already paid for the goods.

6.3 We offer a guaranteed post option for customers who require this. Unlike the regular post option, registered post includes insurance against your item(s) being lost in the post, if this happens we will send you a replacement item(s) if possible or refund you if not.

6.4 When we deliver your items to you, you may be asked to sign for the goods to acknowledge that you have received them.

6.5 If a garment is damaged or the wrong size has been sent please contact us by email using the form available on the contact page and we will arrange an appropriate remedy (normally we will send you a replacement garment if in stock).

7. Privacy Policy

7.1 Please make sure that you have read and understood our Privacy Policy happybanny.com/wp/privacy to see how we collect, use and protect your personal information. We recommend that you do this before using this site or registering with us.

8. Intellectual Property

8.1 All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software vest in HAPPY BANNY unless otherwise indicated. HAPPY BANNY reserves all of its rights.

8.2 You acknowledge that unless otherwise indicated, HAPPY BANNY is the sole owner of all content on HappyBanny.com including, without limitation, all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all copyright, trademarks and other intellectual property rights.

8.3 You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the material at HappyBanny.com without our written permission.

8.4 We respect the intellectual property rights of others. If you believe that any material published in this website infringes any intellectual property rights, please report it by email using the email form on the contact page, identifying the specific material that is claimed to be infringing and providing sufficient information to permit us to contact the complaining party.

9. Disclaimer of Liability

9.1 We promise that all products purchased through this site will correspond with their relevant description on the site, and that they will be of satisfactory quality and fit for non-commercial, domestic use. We also promise that we will carry out our responsibilities with reasonable skill and care. We do not make any other promises or warranties about the products, or our performance of the responsibilities assigned to us in these Terms and Conditions.

9.2 Save in the case of death or personal injury due to our negligence or where we have acted fraudulently, our total liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the relevant product, or to the provision of a replacement of the product concerned (where the original is returned to us).

9.3 The above limitations on our liability do not affect your non-excludable statutory rights as a consumer.

10. Information Service Provider / Intermediary Service Provider

10.1 You agree and acknowledge that HAPPY BANNY is an information service provider and intermediary service provider, within the meaning of Directive 2000/31/EC as transposed into Italian law by the European Communities (Directive 2000/31/EC) Regulations 2003 (SI 68 of 2003), and that where it stores information provided by a recipient of the service – such as user comments/reviews – it is not liable for such information nor is it under an obligation to monitor such information.

11. Availability of Service

11.1 HAPPY BANNY may at our sole discretion and at any time discontinue temporarily or permanently HappyBanny.com or any part thereof with or without notice.

11.2 You agree that any termination of access to the site under any provision of these Terms and Conditions may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or ban any further access to such files or the site.

11.3 HappyBanny.com may be temporarily unavailable from time to time for maintenance or other reasons. We accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.

11.4 Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to HappyBanny.com. However you agree that we shall not be liable to you or any third party for any inability to access the site, termination or suspension of access to the site or modification of the service provided.

12. Entire Agreement / No Waiver

12.1 The Terms of Use applicable to ordering goods, Terms and Conditions applicable to using the website, our Privacy Statement and our Comments Policy make up the entire agreement between you and HAPPY BANNY and supersede any prior agreement.

12.2 Any amendment to or waiver of this agreement by you must be in writing and signed by our authorised representatives. Failure to enforce any provision of this agreement shall not amount to a waiver of such provision.

13. Severability

If any provision of these Terms and Conditions is found to be void, invalid or unenforceable the remaining provisions will continue to be of full force and effect.

14. Governing Law

These Terms and Conditions shall be construed in accordance with Italian law and you agree to submit to the non exclusive jurisdiction of the Italian courts in all matters regarding these Terms and Conditions and your use of HappyBanny.com.

15. Change to the Terms and Conditions

We may change, modify, add to or delete portions of these Terms and Conditions at any time. You should check this page from time to time to ensure that you are happy with any changes. If you no longer accept these Terms and Conditions or any changes or variations to these Term and Conditions you must cease using this site. Your continued use of this site is deemed to be acceptance of these Terms and Conditions and any changes thereto.

 


 

Terms and Conditions Applicable to Using the Website

Thank you for visiting HappyBanny.com which is owned and operated by Martina Pellegrini (Individual person; trading as HAPPY BANNY, registered trade mark).

Please read these Terms and Conditions carefully as they constitute a binding legal agreement between you and HAPPY BANNY.

By accessing, viewing and/or ordering goods from this site by any means, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions then you must not use this site or order goods from this site. Please note that before proceeding with an order, you will again be required to indicate that you have read and understood the following Terms and Conditions.

1. Ownership

1.1 As outlined above, this site is owned and operated by Martina Pellegrini (Individual person; trading as HAPPY BANNY, registered trade mark). Our registered office is Via della Selvotta 16 INT 17B, Formello RM, 00060, Italy.

1.2 All rights in this website are owned by us. Any unauthorised use, copying or modification is prohibited.

2. Your Use of the Site

2.1 The site is made available for your personal, non-commercial use only, except where otherwise authorised by us.

2.2 It is your responsibility, bearing in mind the global nature of the internet, to comply with all relevant laws which may apply for your use of the website and to any material you post on your website, including but not limited to laws relating to acceptable content, online conduct and the export of data.

2.3 Failure to comply with all applicable laws or these Terms and Conditions may result in deletion of any comments or post by you, suspension of such posting privileges and/or banning from the website.

3. Registration

3.1 You are only permitted to register as a user of this site and post comments/reviews if you are aged 18 or over. If you are aged 13 years or over but under the age of 18 you must obtain the consent of a parent or legal guardian before registering as a user of this site.

3.2 Any person who registers as a user of this site represents that they are 18 years of age or older or that they are 13 years of age or over and have obtained the consent of a parent or legal guardian. HAPPY BANNY cannot and is not required to verify the age of users of the site.

3.3 HAPPY BANNY hereby notifies you that by posting a comment/reviews on the website you hereby represent that you are over the age of 18 or that you are 13 years of age or over and have obtained the consent of a parent or legal guardian each time you post a comment.

3.4 If you are aged 13 years or age or over but under the age of 18 you must obtain the consent of a parent or legal guardian each time you post a comment/reviews on this site.

3.5 If you are using this website as a representative of a company or other entity, you represent that you have the authority to enter into these Terms and Conditions on behalf of that company or entity, and agree that the terms “you” and “your” in these Terms and Conditions refers to your company or other entity.

3.6 If you choose to register an account with the site, then you will be asked to choose a username and password. You are responsible for all activities occurring under this username. You agree that by registering on our site that you will keep all of your passwords confidential.

3.7 By registering on this site, you agree that

(i) your account and password are personal and may not be used by anyone else to access this site. (ii) you will not provide any false information on this site, or create an account for anyone other than yourself without permission; (iii) you will not create more than one personal account; (iv) you will not create a username that is vulgar, offensive, contains any profanity, promotes illegal activity or violates any trade mark or other proprietary right; (v) you will not create a username that contains the words “HappyBanny”, “HappyBanny” or any words confusingly similar thereto or otherwise misrepresents your relationship with this site or its owners.

3.8 You agree to notify us immediately if you become aware of any unauthorised use of your account or access to your password.

3.9 We reserve the rights to change usernames at our discretion. We reserve the right to log off or deactivate accounts that are inactive for an extended period of time.

3.10 We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.

3.11 You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.

3.12 If for whatever reason, we believe that you have not complied with these Terms and Conditions, we may, at our at our absolute discretion, delete posts by you or suspend/terminate your account without prior notice for any reason and you shall not be entitled to any compensation in respect of this.

3.13 These Terms and Conditions, including, in particular, the indemnities contained herein, shall survive any suspension or termination of your account.

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5. Intellectual Property

5.1 All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software vest in HAPPY BANNY unless otherwise indicated. HAPPY BANNY reserves all of its rights.

5.2 You acknowledge that unless otherwise indicated, HAPPY BANNY is the sole owner of all content on HappyBanny.com including, without limitation, all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all copyright, trademarks and other intellectual property rights.

5.3 You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the material at HappyBanny.com without our written permission.

5.4 We respect the intellectual property rights of others. If you believe that any material published in this website infringes any intellectual property rights, please report it by email using the email form on the contact page, identifying the specific material that is claimed to be infringing and providing sufficient information to permit us to contact the complaining party.

6. Disclaimer and Waiver

6.1 We give no warranties of any kind concerning this site or its content.

6.2 We do not give any warranty or make any representation as to the accuracy or completeness of the information contained on this site. Material posted on the site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such material by any user, or by anyone who may be informed of any of its contents/reviews.

6.3 We do not warrant that this site or any of its contents is virus free. You must take your own precautions against such viruses as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

6.4 You have read these disclaimers and agree to them on the basis that you agree it is reasonable.

7. Liability

7.1 Under no circumstances shall HAPPY BANNY be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in electricity or other utility supply.

7.2 Under no conditions and in no event shall HAPPY BANNY be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these Terms and Conditions or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention.

7.3 You acknowledge that your use of HappyBanny.com including any material downloaded or otherwise obtained through the site is at your own discretion and risk and you agree to waive to the fullest extent permissible by law any right to bring any claim or action against HAPPY BANNY, our investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, for any loss, damage, costs or injury arising from such use.

8. Indemnity

8.1 You agree to indemnify, defend (at the request of HAPPY BANNY) and hold harmless HAPPY BANNY, its investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:

  1. Your use of HappyBanny.com or any part thereof;
  2. The violation of these Terms of Use and our Privacy Policy by you;
  3. The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use HappyBanny.com;
  4. The infringement by you of any intellectual property rights.

9. Information Service Provider / Intermediary Service Provider

9.1 You agree and acknowledge that HAPPY BANNY is an information service provider and intermediary service provider, within the meaning of Directive 2000/31/EC as transposed into Italian law by the European Communities (Directive 2000/31/EC) Regulations 2003 (SI 68 of 2003), and that where it stores information provided by a recipient of the service – such as user comments/reviews – it is not liable for such information nor is it under an obligation to monitor such information.

10. Availability of Service

10.1 HAPPY BANNY may at our sole discretion and at any time discontinue temporarily or permanently HappyBanny.com or any part thereof with or without notice.

10.2 You agree that any termination of access to the site under any provision of these Terms and Conditions may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or ban any further access to such files or the site.

10.3 HappyBanny.com may be temporarily unavailable from time to time for maintenance or other reasons. We accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.

10.4 Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to HappyBanny.com. However you agree that we shall not be liable to you or any third party for any inability to access the site, termination or suspension of access to the site or modification of the service provided.

11. Entire Agreement / No Waiver

11.1 The Terms of Use applicable to ordering goods, Terms and Conditions applicable to using the website, our Privacy Statement and our Comments Policy make up the entire agreement between you and HAPPY BANNY and supersede any prior agreement.

11.2 Any amendment to or waiver of this agreement by you must be in writing and signed by our authorised representatives. Failure to enforce any provision of this agreement shall not amount to a waiver of such provision.

12. Severability

If any provision of these Terms and Conditions is found to be void, invalid or unenforceable the remaining provisions will continue to be of full force and effect.

13. Governing Law

These Terms and Conditions shall be construed in accordance with Italian law and you agree to submit to the non exclusive jurisdiction of the Italian courts in all matters regarding these Terms and Conditions and your use of HappyBanny.com.

14. Change to the Terms and Conditions

We may change, modify, add to or delete portions of these Terms and Conditions at any time. You should check this page from time to time to ensure that you are happy with any changes. If you no longer accept these Terms and Conditions or any changes or variations to these Term and Conditions you must cease using this site. Your continued use of this site is deemed to be acceptance of these Terms and Conditions and any changes thereto.