TERMS AND CONDITIONS
1. The Terms and Conditions below (the “Terms and Conditions”) apply to the use of this website (the “Website”) at www.hapilifestyle.co.uk, which is owned and operated by Hapi Ltd (“More Than Sport”), a company registered in Jersey with registration number 106453, whose registered office is at Hapi, Unbits 2B/2D, Liberty Wharf, St Helier, Jersey, JE23NY, and any order you may place with hapi. By accessing the Website and/or placing an order, you agree to be bound by the Terms and Conditions. By using the Website, you accept the Terms and Conditions whether or not you choose to make an order. If you do not accept the Terms and Conditions, you should not use the Website.
We reserve the right to revise the Terms and Conditions at any time. You should check the Website from time to time to review the then current Terms and Conditions, because they are binding on you. Certain provisions of the Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website. If you do not wish to accept any new Terms and Conditions after we have revised them, you should not continue to use the Website.
USE OF THE WEBSITE
3. While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of it. We may make changes to the material on the Website, or to the goods and prices described in it, at any time without notice. The material may be out of date, and we make no commitment to update such material. To the fullest extent permitted by law, we are providing the Website and its contents on an ‘as is’ basis and we make no (and expressly disclaim all) representations or warranties of any kind, express or implied, with respect to the Website or the information, content, materials or products included in the Website including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via the Website is accurate, complete or current.
4. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of the Terms and Conditions, any use of extracts from the Website other than with our prior written permission for any purpose is prohibited. If you breach any of the Terms and Conditions, your permission to use the Website automatically terminates. No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.
5. While we endeavour to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. You are prohibited from posting or transmitting to or from the Website any material that is objectionable in any way, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licences and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Jersey or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the Website (including, without limitation, by hacking). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause.
8. Links to third party websites on the Website (if any) are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
9. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and that you do not: remove, distort or otherwise alter the size or appearance of the Hapi logo; create a frame or any other browser or border environment around the Website; in any way imply that we are endorsing any goods or services other than our own; misrepresent your relationship with us nor present any other false information about us; otherwise use any Hapi Limited trade marks displayed on the Website without our express written permission; link from a website that is not owned by you; and include on your website any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause for breach of the Terms and Conditions and to take any action we deem appropriate. You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of this clause.
10. We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, agreements, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), agreement or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. This clause applies only to the extent permitted by law. For the avoidance of doubt, we do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from our negligence or wilful default, or that of our employees, agents or subcontractors or (b) fraudulent misrepresentation.
11. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms and Conditions by you, or your use of the Website.
12. Your agreement for goods made through www.hapilifestyle.com is with Hapi and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.
13. You warrant that all the information you provide to us for the purpose of ordering and purchasing goods is true, accurate and current. You also warrant that the credit or debit card you are using is your own and there are sufficient funds in the account to cover payment.
14. You are deemed to place an order by ordering via our online checkout process. Your order constitutes an offer to us to buy goods. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the goods you have ordered. This does not mean your order has been accepted.
15. Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation (a “Despatch Confirmation”) by email to the email address given by you in your order. When we despatch the order the purchase agreement (the “Agreement”) will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order. The Agreement will relate only to those goods whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other goods which may have been part of your order until the despatch of such goods has been confirmed in a separate Despatch Confirmation. You must check all the details in the Despatch Confirmation are correct and contact us as soon as possible if any details are incorrect.
16. The delivery period set out in the Despatch Confirmation is approximate. We will despatch the goods to the address given by you in your order. If you have ordered more than one item, we may despatch your goods in instalments depending on stock levels. If we have insufficient stock to deliver the goods you have ordered, we will not charge your debit or credit card until the items are back in stock and are ready to be despatched.
17. We may refuse to accept an order where goods are not available, where we cannot obtain authorisation for your payment, if there has been a pricing or product description error or if you do not meet any eligibility criteria set out in the Terms and Conditions.
18. The goods will be at your risk from the time of delivery. Ownership of the goods will only pass to you when we receive full payment of all the sums due in respect of the goods, including delivery charges.
19. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on the Website.
20. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
21. It is always possible that, despite our best efforts, some of the goods listed on the Website may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where the correct price of the goods is less than our stated price, we will charge the lower amount when despatching the goods to you. If the correct price of the goods is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before despatching the goods, or reject your order and notify you of such rejection.
22. We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
Returns and cancellations
23. In accordance with the Distance Selling (Jersey) Law 2007, you have the right to cancel an Agreement on the expiry of the period of 7 working days beginning with the day after the day on which you receive the goods. If you wish to cancel an Agreement, you must notify us by email to [email protected] and return the goods unused and in the condition in which you received them. The costs of returning goods to us shall be borne by you and you must ensure that the goods are packaged adequately to protect against damage.
24. Upon receipt and inspection of the goods, and only in so far as we are satisfied that the goods have not been used, we will give you a full refund of the amount paid or an exchange credit as required. We will process the refund due to you as soon as possible and, in any case, within 28 days of the day you have given notice of your cancellation. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
25. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation and / or refuse to give you a full refund or an exchange credit.
26. Nothing in this section affects your statutory rights.
Events outside our control
27. We shall have no liability to you for any delay in the delivery of goods ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. Our performance under any Agreement is deemed to be suspended for the period that any aforementioned 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 such event to a close or to find a solution by which our obligations under the Agreement may be performed despite the event. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
28. All notices given by you to us must be given to Hapi at [email protected] 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 27 below. Notice will be deemed received and properly served immediately when posted on the 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.
29. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail 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 Agreements, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
30. If we fail, at any time during the term of an Agreement, to insist upon strict performance of any of your obligations under the Agreement or any of the Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of the Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 27.
Governing law and jurisdiction
31. These terms and conditions shall be governed by and construed in accordance with the laws of the Island of Jersey, Channel Islands. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Jersey courts.
32. We do not warrant that materials/items for sale on the Website are appropriate or available for use outside Jersey. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access the Website from locations outside Jersey, you do so at your own risk and you are responsible for compliance with local laws.
33. You may not assign, sub-license or otherwise transfer any of your rights under the Terms and Conditions.
34. If any provision of the Terms and Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
35. These Terms and Conditions supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between More Than Sport and you relating to your purchase. We advise that you print off and keep safe a copy of these Terms and Conditions once your order has been accepted by us. You are advised to read (and are responsible for reading) fully all information on the Website.
36. We recognise our responsibility to ensure that our clothing suppliers are operating ethically. We expect that employees engaged in the manufacture of the clothing products sold on the Website will have willingly chosen their employment, will be above the minimum age for that employment, and will have reasonable working hours and rates of pay. Indeed, we expect any relevant national employment regulations to be observed, and will not knowingly enter into a contract with a supplier who does not adhere to these same principles. We cannot however make any guarantees concerning supplier practices as these are not directly within our control.