Please read all of these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you expect and nothing that you are unhappy with.
- These Terms and Conditions will apply to the purchase of the services and goods by you the Customer. We, the Supplier, are The Happy Newspaper (email address: email@example.com).
- These are the terms on which we sell all Services to you. Before placing an order on the Website, you must read these terms and conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old or have permission from the over 18 year old bill payer.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
- Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
- Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
- Website means our website https://www.thehappynewspaper.com on which the Services are advertised.
- The description of the Services and any Goods is as set out on the website. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
- In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services which appear on the Website are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
- Upon payment of the subscription, the goods will begin to be delivered at the next quarterly issue as described on the website.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer.
Fees and Payment
- The fees for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that as set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
- We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return the most recent quarterly payment made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all the most recent quarterly payment made under the Contract.
- If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of redelivering them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal Returns and Cancellations
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- 36. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 14 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability. Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.
- This is a distance contract (as defined below) which has the cancellation rights set out below. These Cancellation Rights, however, do not apply, to a contract for goods that are made to your specifications or are clearly personalised.
Right to Cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract without notice and will thereby cease to receive any further goods.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by submitting the electronic cancellation form on our website www.thehappynewspaper.com. In any event, you must be able to show clear evidence of when the cancellation was made. We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods to 209 Wigan Road, Euxton, Chorley, Lancashire, PR7 6JG without delay. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will supply the Services with reasonable skill and care.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, Termination and Suspension
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach cannot be fixed.
- is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Circumstances Beyond the Control of Either Party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for loss which was not reasonably foreseeable to both parties at the time when the Contract was made.
Governing Law, Jurisdiction and Complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).