Last Updated on April 24, 2019
These Terms will apply to any contract between us for the sale of products to you. Please read these Terms carefully and make sure that you understand them, before ordering any products from our site. Please note that by placing an order you agree to these Terms.
We amend these Terms from time to time as set out in Clause 7. Every time you wish to order products, please check these Terms to ensure you understand the terms that will apply at that time.
1.1 We operate the website HIHONEY-SHOP.COM. We are Hi Honey, a company registered in Poland, and with our registered office at ul. Batalionów Chłopskich 79/66, 01-307 Warsaw. Our Tax Reference Number: 8672137525
1.2 Contacting us:
(a) The easiest way to contact us is to send an e-mail at email@example.com. If you are emailing us please include details of your order to help us to identify it.
(b) You can contact us directly using Hi Honey website "Contact Form".
(c) You can send us an letter (as described in Clause 1.1).
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
4.1 You may only purchase Products from our site if you are at least 18 years old.
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail, that confirms that the Products are on stock and can be dispatched. The Contract between us will only be formed when we send you the Order Confirmation.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in Clause 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6.4 When a seller does want the right to unilaterally vary a contract with a consumer, it must offer the consumer the chance to terminate the contract without penalty before the new terms affect them. For example, a consumer might want to cancel if the terms were changed between its order and the despatch of its goods, or if the changes to the terms affected a post-sales warranty or the terms on which regular product deliveries were made.
7.1 Our Policy lasts 30 days. This means that during the 30 days period we can offer you a refund or exchange. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in the case of any Products which become mixed inseparably with other items after their delivery.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation.
7.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to send us an e-mail on: firstname.lastname@example.org. If you use this method we will e-mail you to confirm we have received your cancellation. If you are e-mailing us please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the e-mail.
7.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, this will be judged on a sliding scale from 10%-30% dependant on level of depreciation and resell value, if we feel this has been caused by your handling them in a way which would not be permitted in a shop, or if they have been used in any manner. We will refund you the price paid when we are able to inspect the goods and assess the resalable value.
(b) it can take up to 25 days for an item to reach us once you return it. Once the item is received by us, it takes 2 business days for the refund to be processed and 3-5 business days for the refund amount to show up in your account.
(c) You will be responsible for the costs of returning the Products to us, which must be returned in a new, undamaged and saleable condition in the original packaging.
(d) If you have received the Product and we have not offered to collect it from you: 14 days after 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.
(e) If you have not received the Product or you have received it and we have offered to collect it from you: we will do a refund or exchange (if applies) within 14 days after you inform us of your decision to cancel the Contract.
7.6 If you have returned the Products to us under this Clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We shall not be liable for any shortfall or damage in the Product received (even if caused by our negligence) unless you notify us of the shortfall within 48 haurs of delivery.
7.7 We will refund you on the bank account, credit card or debit card used by you to pay.
7.8 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
(b) unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
7.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.9 Under EU rules, EU citizens have the right to cancel and return bought Product within 14 days, for any reason and without justification. However, Products should be returned in a new, undamaged and saleable condition in the original packaging.
8.1 We will contact you with an estimated delivery date, which will usually be within 10 to 20 workdays after the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 14 for our responsibilities when this happens.
8.2 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
8.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges.
8.5 If we miss the indicted delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.6 If you do choose to cancel your Order for late delivery under Clause 8.5 or Clause 8.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
8.7 If your product has not arrived, but has been shipped by us and your local postal company claims it was "delivered", we cannot refund this transaction. Problems with products marked as "delivered", by your local postal office, that have not arrived to your door or mailbox, should be solved with your local postal office.
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see Clause 9.5 for what happens if we discover an error in the price of Product(s) you ordered.
9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 All prices include VAT.
9.4 The price of a Product does include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Shipping Costs page.
9.5 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
10.1 You can pay for Products:
(a) using a debit card or credit card
(b) directly to our bank account
(c) using PayPal
11.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
11.2 We do not warrant that the results that may be obtained from use of the service will be accurate or reliable.
11.3 We may remove our service for indefinite periods of time or cancel the service at any time, without notice.
11.4 Using our service, or inability of doing so, is at your sole risk. The service and all products delivered to you by us (except as expressly stated by us) provided "as is" and :as available" for your use, without any representation, warranties or conditions of any kind.
11.5 In no case shall Hi Honey, and our staff, be liable of any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similiar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states of jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
(a) to maintain any comments in confidence;
(b) to pay compensation for any comments;
(c) to respond to any comments.
12.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
12.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.1 When we refer, in these Terms, to "in writing", this will include e-mail.
14.2 You may contact us as described in Clause 1.2.
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.