Terms & Conditions
By purchasing from myself, Georgia Turgoose, trading under the name The Happy Brolly Movement,
you are entering into a legally binding agreement with me on the Terms shown in the sections below.
I advise you to read and understand these Terms before submitting your Order because they
affect your rights and liabilities and relationship with me under the Contract.
I; means Sole trader (Georgia Turgoose) operating under the trading name The Happy Brolly Movement
You; means the person who accepts the Contract
Contract; means the contract for the sale and purchase of the Products, which incorporates these Terms
Delivery Area; means addresses within the United Kingdom (subject to change)
Products; means the umbrella/s or goods supplied in accordance with these Terms
Order; means your request for the purchase of these Products
Terms; means these terms and conditions.
Terms and Conditions for Orders
Delivery Area -
Orders are accepted solely from addresses within the designated Delivery Area. Please verify that your address is within this Delivery Area prior to placing an Order.
Representation of Products -
I endeavour to provide accurate representations of the umbrellas offered for sale. However, due to the methods of fabric cutting and stitching, variations may arise at seams meaning they aren't aligned perfectly. Device screens & monitors display colours differently, the colours you see on your screen may not match the true colours of the umbrella.
Images and descriptions provided on the website are for guidance only. While I aim to keep all website information current, the details provided are for informational purposes only. I reserve the right to make changes to the website content at any time.
Proper Use & Care
I fully stand by these umbrellas, they are windproof & durable, however they are not indestructible.
With any umbrella, proper care and sensible use is needed to ensure it has a long life. No umbrella is designed to withstand gale-force winds, use your judgement before taking your umbrella out in extreme weather. Where possible point your umbrella into the wind to prevent it from turning inside out, if it does turn inside out simply point it back into the wind and in most cases it should resume normal functioning position.
Proper care also means letting your umbrella dry properly before fully closing and putting in its case for an extended time. When metal is in contact with water for an extended period rust can occur. This may weaken your umbrella and cause staining on the canopy. To prevent this, hang up your umbrella and let it dry naturally before storing.
Pricing and Payment Terms
-
Packaging and Delivery Charges
Unless specified otherwise, the charges for packaging and delivery are included in the price displayed on the website. If your Order does not meet the criteria for free delivery, additional delivery charges may apply. Please refer to the Shipping & Returns Page for further details regarding free delivery eligibility. -
Payment
Payment will be charged to your card upon receipt of your Order. Most major credit and debit cards are accepted with the following logos; Visa, MasterCard, American Express, Maestro, Visa Electron or Vpay. The following card types aren’t currently accepted: Discover, JCB or UnionPay International. If full payment for the Products cannot be secured at the time of the Order, the Order will not be accepted.
Delivery Terms and Conditions
-
Delivery Address and Instructions
Delivery shall be made to the address specified in your Order. It is your responsibility to ensure that the address provided is accurate and clear, including any specific instructions regarding where the Products should be left in the event that you are not present to receive them. I shall not be liable for any incorrect delivery or damage to the Products arising from inaccurate or incomplete delivery instructions -
Delivery Timescales
Products will typically be delivered within 3-5 working days, and no later than 30 days from the date of Order acceptance. This excludes Products identified on website as pre-orders with a specified future delivery date. -
Carrier and External Delays
I utilise parcel carriers for delivery. I am not responsible for delays or costs incurred due to delays caused by the carrier. If delivery is delayed for reasons beyond my reasonable control, I will notify you as soon as possible and will endeavour to mitigate the impact of the delay. I am not liable for any losses or inconvenience arising from said delays. -
Failed Deliveries and Re-Arrangements
All deliveries are dispatched on a "No Signature Required" basis. I will provide you with a tracking number to track your parcel & rearrange delivery as necessary with the courier. In the event of failed delivery, if I am unable to contact you or arrange delivery despite reasonable efforts, I may terminate the Contract, in which case clause 2.1 will apply. -
Product Damaged in Transit
If your product arrives at your door with damage meaning it is no longer fit for use, please get in touch as soon as possible. You will need to provide photographic evidence and any other information needed for myself to process a claim with the parcel carrier. Solutions will be looked at on a case by case basis.
Conformance with the Contract and Returns Policy
-
Legal Duty: I am legally obligated to supply Products that conform to the terms of this Contract. All umbrellas are thoroughly inspected prior to dispatch; however, I acknowledge that occasional issues may arise.
-
Non-Conforming and/or Faulty Products: If the Products delivered do not match your Order or are Faulty, you are entitled to return them. You have 30 days to initiate a return and a further 14 days to return the physical Product. To initiate a return for non-conforming Products, please get in touch as soon as possible at contact@thehappybrollymovement.com. You will be required to provide photographic evidence to verify the condition or issue with the Products.
-
Upon receipt of returned Products, amounts paid for the returned Products will be refunded along with their basic delivery costs if the entire Order is returned. Please retain proof of postage until your refund is processed to mitigate any potential issues caused by parcel carriers.
-
The cost of return will be borne by me for non-conforming/ Faulty goods. Please do not return your order without a QR code returns label - this will be provided via email after initiating a return by contacting 'contact@thehappybrollymovement.com'.
Nothing in these Terms affects your statutory legal rights.
Termination of the Contract
-
Your Right to Terminate
You may terminate the Contract in the following circumstances:
1.1. I have told you about an error in the price or description of the Products you have Ordered and you do not wish to proceed
1.2. There is a risk that supply of the Products may be significantly delayed because of events outside my control -
Legal Right to Change Your Mind
If you have changed your mind and want to terminate the Contract, you have 14 days from receiving the Product to initiate a return and a further 14 days to return the physical product - total 28 days. Upon termination, you will be entitled to a refund of the price paid for the Products and basic delivery costs.
End the Contract and Initiating a Return
-
Notification of Termination
To terminate the Contract, you must inform me in writing at the following email; contact@thehappybrollymovement.com within 14 days of receiving the product. -
Return of Products
If you terminate the Contract after the Products have been dispatched or received, you are required to return them. Please contact us to arrange your return. Products must be sent back within 14 days of notifying me of your decision to end the Contract. Please retain proof of postage until your refund is processed to mitigate any potential issues caused by parcel carriers. -
Return Costs & Refunds
Any refunds owed to you will be processed as promptly as possible. Your refund will be issued within 14 days of us receiving the returned goods. The returned goods must be in original packaging where possible and in the condition you received them (resaleable condition). A flat fee of £4 will be deducted from your refund to cover return costs.
Termination of the Contract by Us
-
Grounds for Termination
I may terminate the Contract for a Product at any time by providing written notice to you in the following circumstances:
1.1 you do not, within a reasonable time, allow the delivery of the Products to you. -
Refund and Compensation
If I terminate the Contract I will refund any sums you have paid in advance for Products that have not yet been provided. However, I reserve the right to deduct or charge you reasonable compensation for net costs incurred as a result of your breach of the Contract, including but not limited to costs arising from returns, repackaging, or any reduction in price required for resale. -
Withdrawal of Products
I may also terminate the Contract if I decide to withdraw the Products. In such cases, I will notify you in writing and refund any sums you have paid in advance for Products that will not be supplied.
Responsibility for Loss or Damage
If I fail to comply with these terms, I shall be liable for any loss or damage you suffer that is a foreseeable result of my breach of this Contract. However, I shall not be liable for any loss or damage that is not foreseeable. Loss or damage is deemed foreseeable if, at the time the Contract was entered into, it was either obvious that it would occur or both parties knew that it might occur, for example, if it was discussed during the sales process.
Exclusion of Liability -
I do not exclude or limit my liability to you in any way where it would be unlawful to do so.
Limitation of Liability for Commercial Use -
I supply the Products solely for domestic and private use. If the Products are used for any commercial, business, or resale purpose, I shall not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Intellectual Property and Use of Material
-
Use of Material
None of the material on my website may be used without my prior written consent. However, you are permitted to print a copy of pages related to your Order for personal use. Any unauthorised use of my trademarks or copyrighted material is unlawful. -
Linked Websites
I accept no responsibility for the accuracy or content of any websites linked to my website. -
Copyright Ownership
The copyright of thehappybrollymovement.co.uk is owned by Georgia Turgoose.
Data Security and Use of Personal Information
Data Security
I will exercise all reasonable care to safeguard the information provided for your Order. However, I cannot be held liable for any loss you may suffer if unauthorized access to your data, including your credit card information, occurs during your access to or placement of an Order on my website, where such access is due to factors beyond my control.
Use of Personal Information
The personal information you provide will be used to supply the Products to you and process your payment via third party providers. You will not be added to our mailing list without your explicit consent. If you do sign up to the mailing list you can expect to receive no more than three emails per month, these may include information about new products/ designs, discounts and other information relating to happy brolly's and associated projects. You may opt out of receiving such communications at any time by contacting me/ clicking the opt out link at the bottom of any of our mailing list emails.
Disclosure to Third Parties
The only circumstances in which I will disclose your personal data to third parties are;
1. To fulfill your order - Your payment information will be processed by a secure third party provider.
Your email and/or telephone number may be supplied to the courier/delivery company in order to ensure efficient delivery
2. To comply with legal or tax obligations
I will never use or pass on your information to third parties for marketing purposes.
Governing Law and Jurisdiction
This Contract shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under or in connection with this Contract shall be subject to the exclusive jurisdiction of the English courts.
Communication
I may contact you in writing to the email you have provided, only in circumstances relating to your order or after your consent to sign up to the mailing list.
Contact details are as follows:
Email: contact@thehappybrollymovement.co.uk
Postal Address:
The Happy Brolly Movement
First Floor, Swan Buildings
20 Swan Street
Manchester
M4 5JW