Trading Terms and Conditions
Please ensure you read the following information carefully. Hush Creative Ltd reserves the right to make amendments to our terms and conditions without notice.
When you purchase any items through our website you will be contracting with Hush Creative Ltd, a limited liability company incorporated in England & Wales under company number 06717711 which owns and runs the website www.hupalupa.co.uk
Hush Creative Ltd is the sole owner of the 'Hupa Lupa' brand. The 'Hupa Lupa' brand and trade-mark may not be reproduced without the express written permission of Hush Creative Limited.
Registered address: Lowin House, Tregolls Road, Truro, Cornwall, TR1 2NA.
V.A.T. registration number: 940 5900 33
Telephone: 01326 618086 Email address: firstname.lastname@example.org
Website Terms & Conditions
These Terms and Conditions (the "Terms") apply to the entire contents of this website (the "Website") and to any correspondence by email between Hush Creative Limited (the "Company") and you.
Please read the Terms carefully before using the Website. Your use of the Website indicates your unconditional agreement that you accept the Terms in effect at the time of usage regardless of whether or not you choose to register with the Website. If you do not accept the Terms, you should not use the website.
1.1. Any reference in the Terms to "we" or "us" or "our" is a reference to the Company and any reference to "you" or "your" is a reference to any user of the Website, personal, company or corporate and, where relevant, the recipient of any Product or Service from the website as defined hereunder.
1.2. Any reference to the term "your information, information, or personal information" refers to any personal, company or corporate information provided by any user of the Website.
1.3. The services ("Services") available via the Website and other mobile applications (such as iPhone apps) shall include without limit:
1.3.1. An online address book detailing names, addresses, date of birth etc (compiled by information provided by you);
1.3.2. The online purchasing of certain Products; and
1.3.3. Certain promotions and competitions.
1.4. The products ("Products") available via the Website shall include, without limit:
1.4.1. The complete "Hupa Lupa" product range
1.4.2. Specialty Greeting Cards & Stationery
1.4.3. Magnetic Fridge Décor
1.4.7. House ware
1.4.8. Clothing1.5. You may access some areas of the Website without registering your details with us. Certain areas of the Website are only accessible if you register.
1.6. By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept the Terms in full, you must leave the Website immediately.
1.7. We may alter all or any part of the Terms (including without limit the Products and Services which are available from the Website) at any time without notice to you. You should review these Terms on a regular basis, as your continued use of the Website after we make any alterations will mean that you are deemed to accept the Terms as modified by the relevant alterations made.
2.1. In order to provide the Products and Services available through the Website, we will hold certain personal information relating to you. We have obligations under the Data Protection Act 1998.2.2. By providing personal information, you agree to us using this information for the operation of the Website and the provision of the Products and Services to you.
2.3. Where you provide information about other people [for example their name, date of birth or address) you also confirm that you have the consent of these people to provide us with this information.2.4. Any personal information that we collect from you will be used solely for the purposes of operating the Website and providing the Products and Services.
2.5. The personal information that you provide is securely stored within the Website and all personal information transmissions that provide payment or account details are encrypted.2.6. We will not disclose your information to any outside organisation except as part of the operation of the Website and / or the provision of the Products and Services to you or where we are legally obliged to do so.
2.7. The accuracy of your personal information is dependent upon the accuracy of the information that you provide. We will not verify personal information other than that which is provided for payment or account purposes and we shall not be responsible for errors or problems that arise as a result of inaccurate information submitted by you.2.8. We reserve the right from time to time to notify you (via SMS, email, and post) of other products and services and invite you to events that may be of interest to you. You will be given the opportunity to opt-out at the time of mailing if you do not wish to receive further information notices.2.9. Cookies - in order to improve the service offered to you, technology may be used to track the patterns of behaviour of visitors to the site and to help personalise the content displayed to each user. This can include using "cookies" which will be stored on your browser. The retention period is one day. Cookies currently being used are: - Cookie name: Username, Details: User email address and Cookie Name: User Words, Details: Spell Checker library is using.
3. Intellectual Property Rights
3.1. You are permitted to print and download extracts from the Website for your own personal use only and subject to the following conditions:3.1.1. no document(s) or related graphic(s) on the Website are modified in any way;
3.1.2. no graphic(s) on the Website is used separately from the corresponding text; and3.1.3. the Company's copyright and trademark notices and permission notice appear on all copies.
3.2. 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 the Company or its licensors and any use of extracts from the Website other than in accordance with clause 3.1 for any purpose is prohibited. Where you breach any part of the Terms, your permission to use the Website shall automatically terminate and you must immediately destroy any extracts you have downloaded from the Website.
3.3. Subject to clause 3.1, 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.3.4. Any rights not expressly granted in these Terms are reserved for the sole and exclusive benefit of the Company.
4. Website Access and Availability
4.1. Access to and use of the Website shall be provided by us in accordance with the Terms.
4.2. We shall endeavour to ensure that access to and use of the Website is available 24 hours a day however 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 and we shall have no liability whatsoever if for any reason the Website is unavailable at any timer or for any period.
5. Website Visitor Material and Conduct
5.2. You are prohibited from posting or transmitting to or from the Website any material:
5.2.1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance on inconvenience.5.2.2. For which you have not obtained all necessary licences and / or approvals.5.2.3. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.2.4. Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of harmful data).5.3. You may not misuse the Website in any way (including, without limitation, hacking into the Website) or interfere with any other person's use and enjoyment of the Website.
5.4. We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the Website by you, your use of the website may be suspended or terminated by us.5.5. We shall 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 clauses 5.2 or clause 5.3.
6. Hyperlinks and Third Party Websites
6.1. The Website may include hyperlinks to third party websites, which are provided solely for your convenience and which, if used by you shall result in you leaving the Website. If you decide to access any third party website(s) with hyperlinks on the Website, you do so entirely at your own risk.
6.2. We do not review any third party websites which are accessed from hyperlinks placed on the Website and we do not control and are not responsible for any third party websites including without limitation their content or availability. We therefore do not endorse or make any representation about third party websites, any material found on them or any results that may be obtained from using them.
7. Website Registration
7.1. The Website will require you to register your personal details. In order to register with the Website you must be over eighteen (18) years of age.
7.2. After registering, you will be given immediate access to register your personal reminders, which is provided by the Services. If you wish to return to your reminders at anytime to make an alteration or to add more reminders you will be asked to enter your email address and password.7.3. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on any network.
7.4. Responsibility for the security of any password(s) issued by us rests solely with you.7.5. You must ensure that the details that you provide on registration or at any time are correct and complete and you must inform us immediately of any changes to the information that you provide when registering by updating your personal details as necessary.
8. Trading Policy.
8.1. We only supply the Hupa Lupa brand wholesale to trade buyers; we will not supply auction web site businesses. We are happy to supply web shops that are not auctioning the goods and can arrange access to images of the products for this use.
9. Order Process
9.1. We operate a MINIMUM QUANTITY order policy [Refer to our current price list for details]. We aim to despatch stock items within 10 working days unless your order is mainly non-stock. Any items that are non-stock are designated production orders and delivery will be subject to order lead times prevailing at the time of ordering and will be notified on the order acknowledgement.
9.2. We accept orders online, by e-mail, fax & telephone. Please use the correct product codes for each item. If sending e-mail attachments please ensure they are clearly named and free from viruses or they will not be opened. We accept hand written faxes that are clear and legible, a member of the sales team will contact you if they have any problems.
When placing telephone orders please speak clearly as we take no responsibility for incorrect items being supplied.
10. Payment Options
10.1. We accept payment by the following card providers in Sterling or Euros, Master Card, Visa, Maestro & Solo. Cheque payments can be made in Sterling or Euro, all payments regardless of method must match the currency you are invoiced in. All payments must be made out to "Hush Creative Limited."
10.2. Bank transfers are accepted in Sterling and Euros; your payment currency must match the currency you are invoiced in. A copy of the payment must be forwarded by fax/e-mail as soon as possible if you have an order pending; our bank details are available on request. We can provide 30 days Net credit accounts providing our credit application form is completed and approved by our accounts department.
10.3. Our payment terms are payable strictly 30 days from date of invoice. If your account exceeds your agreed credit terms or credit limit your account will be placed on hold, this will delay pending orders being dispatched and your existing credit limit possibly reduced. Hush Creative Limited is not liable for any loss of sales or problems from a result of non-shipment due to non-payment of your account.
10.4. In the event of late payment, all sums due become payable immediately, Hush Creative Limited holds Retention of Title on all goods until payment is received. Hush Creative Limited can charge interest on outstanding balances at 8% above base lending rate of interest, specified under the provision of late payment of Commercial Debt Act 1988. We reserve the right to withdraw or change the credit without prior notice.
11.1. All orders are subject to carriage, back orders are shipped carriage FREE. Back orders that are added to could incur postage or carriage charges.
11.2. Orders over £250.00 excluding VAT are eligible for Free Carriage.
12.1. All back orders are carried forward; we will ship the back order when we have all the remaining items. If you wish to cancel your back orders prior to this please inform our sales team, you will be informed if the back order cannot be completed.
13. Returns, Damages & Cancelled Orders
13.1. Any defective or incorrectly shipped orders must be reported within 15 days of customer's receipt. No returns or credits will be honoured unless Hush Creative Limited has been notified and has authorised the return of goods.
13.2. Any return not authorised will be subject to a 20% re-stocking fee.13.3. Presentation packaging is a non-refundable service; the cost for Boxing, Bagging and Sleeving will not be refunded on any returns unless Hush Creative Limited has incorrectly shipped these items.
14.1. All of our prices are excluding VAT; the VAT will be added as per the current rate for UK customers.
14.2. Customers outside of the UK please provide us with your VAT number to avoid paying additional E.E.C VAT. Published prices are subject to change without prior notice.
15. Limitation of Liability
15.1. The Company, its officers, directors, employees, shareholders or agents and any other party involved in creating, producing, maintaining or delivering the Website hereby exclude all and any liability and responsibility for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, 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), contract or otherwise) that may result to you or any third party in connection with the Website (including without limit the Products and Services) in any way or in connection with the use, inability to use or the results of the 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.
15.2. Nothing in these terms shall exclude or limit our liability for any liability, which cannot be excluded or limited under applicable law (including death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation).15.3. In no event shall our total aggregate liability to you for all and any damages, losses, and causes of action (whether in contract, tort including, but not limited to negligence or otherwise) exceed the amount paid by you, if any, for accessing the Website, purchasing and / or enjoying the Products or using the Services provided via the Website.
16. Disclaimer of warranties
16.1. Whilst we shall endeavour to ensure that the information on the Website is true and correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or the Products, the Services described on the Website, at any timer and without notice. The material may be out of date, and we make no commitment to update such material.
17. Governing Law and Jurisdiction
17.1. The Terms shall b e governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English Court.
18.1. If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.
19.1. If you would like to contact us regarding our terms and conditions please
19.1.1. Email us your question at email@example.com. Telephone us 01326 618086
19.1.3. Post: Hush Creative Limited, Pencarn, 1 Killigrew Villas, Killigrew St, Falmouth, Cornwall, TR11 3PY, United Kingdom.