Terms & Conditions

1. Introduction

1.1          The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ‘you’) with HiyaHiya Europe, hereinafter referred to as ‘HiyaHiya Europe’, ‘us’ or ‘we’, for the sale and supply of goods (the’ Goods’) at the HiyaHiya Europe website, mobile website, or via telephone (jointly referred to as ‘Website’).

1.2          By using the Website and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ‘Terms’). Please make sure you have read and understood the Terms before placing your order.

1.3          HiyaHiya Europe has exclusive rights to wholesale and distribute HiyaHiya products to the UK and Europe.

1.4          The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

1.5          We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on the Website at the time you place your order.

1.6          Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

1.7         The content & images on this Website should not be reproduced, distributed, or used in any other way without our prior written/email permission.

1.8          These Terms and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.

2. Communications

You agree that email and other electronic communications can be used and acknowledge that all communications that we provide to you electronically, comply with any legal requirement that such communications be in writing.

3. Registration

3.1         By registering on the Website you agree:
i.             that all the details you provide to us for the purpose of registering on the Website, and purchasing the Goods are true, accurate, current and complete in all respects;
ii.            to notify us immediately of any changes to the information provided on registration or to your personal information;
iii.           that you are over 18 or, if under 18, you have a parent or guardian’s permission to register with and purchase the Goods from the Website in conjunction with and under their supervision;
iv.           to only use the Website using your own registered details;
v.            to make every effort to keep your password safe;
vi.           not to disclose your password to anyone;
vii.           not to permit anyone else, either directly or indirectly, to use your password; and
viii.           to change your password immediately upon discovering that it has been compromised.

3.2       You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.

3.3       We reserve the right to terminate an agreement formed with you and to suspend or terminate your access to the Website immediately and without notice to you if:
i.           you fail to make any payment to us when due;
ii.           you breach these Terms (repeatedly or otherwise);
iii.           you are impersonating any other person or entity;
iv.           when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; or
v.           we suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.

4. Ordering/conclusion of contract

4.1          Our Website is only intended for use by wholesale customers currently trading outside North America.

4.2          It is your responsibility to ensure your trading circumstances comply with local regulatory requirements and laws. We will not be held liable for any contravention of these laws on your part, which subsequently affect delivery of our Goods to you. Customers outside of the UK are responsible for payment of all import duties and/or additional taxes or expenses incurred on their order, in compliance with foreign regulatory requirements and laws. These charges are in addition to our price, VAT (where applicable) and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

4.3          All first orders will receive 10% discount and free shipping if the minimum order value of £300 (ex. VAT) is satisfied. There will be no offers available for any orders below this minimum threshold.

4.3         All first orders must be above £50 (ex VAT & shipping) to be accepted. If this minimum order value threshold is not met, your Contract may be cancelled.

4.4        All first orders will receive 10% discount and free shipping if the minimum order value of £300 (ex. VAT & shipping) is satisfied. There will be no offers available for any orders below this minimum threshold.

4.5         There is no minimum order value on subsequent orders, but orders £49.99 (ex VAT & shipping) and under will incur a £5.00 admin surcharge.

4.6         All orders are subject to the appropriate delivery charge where applicable.

4.7         All prices quoted are exclusive of VAT, including shipping costs. This will be added

4.8         Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to dispatch.

4.9         All orders must be paid in full prior to despatch – failure to pay within five days will result in the order being cancelled and Goods returned to stock. We will not be held responsible for items going out of stock when an order is placed again, following initial non-payment.

4.10         You are responsible for ensuring the accuracy of the details provided by you during the order process.

4.11         Your products may vary slightly from the image shown on the Website and will not include any of the pictured accessories, unless stated in the specification of the Goods. Whilst some products may be shown assembled, they may require assembly by you.

4.12         We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.

4.13         Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment or issue a store credit into your account. If, for any reason, alternative arrangements are necessary, a HiyaHiya Europe representative will contact you to settle the refund.

4.14         Once an order has been paid for, it cannot be amended.

5. Delivery

5.1          HiyaHiya Europe exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order to the address supplied by you, in accordance with your selected delivery option. Unfortunately, we are unable to deliver to PO boxes and mail forwarding companies.

5.2          Before you place your order, you will be informed of the expected delivery details. Delivery cost is calculated online at the point of ordering, according to the package size and weight of your order and the destination it is to be sent to. All prices quoted for shipping are excluding VAT, which will be applied to your cart if applicable.

5.3          You must check that the order details are correct, prior to confirming and making full payment. Orders will be despatched via your chosen shipping method on receipt of your full cleared payment. We might not be able to use your chosen courier when there is a free shipping offer. Refer to Clause 11.9.

5.4          The Goods will be delivered to you at the address you provided during the order process. All addresses should be business and not personal addresses. If the Goods are not being accepted at the address as stated on your invoice, then HiyaHiya Europe accepts no responsibility for any costs, damages or lost Goods that may occur. The retailer will be liable to pay any incurred costs, including customs and additional shipping charges which are beyond HiyaHiya Europe’s control.

5.5          HiyaHiya Europe endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. We aim to deliver to UK addresses within 2 to 3 days, following confirmation of an order, unless otherwise agreed. Please allow for an extra 5-14 working days for deliveries to Europe and the rest of the world. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events outside of our control.

5.6          Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation with your expected delivery details. Any dates quoted for standard delivery services are approximate. We shall not be liable for any delay in delivering the Goods, however caused.

5.7          If your order does not arrive by the scheduled date, please contact HiyaHiya Europe Support Team via telephone at +44 (0) 1603 788 038 (calls from a UK landline will be at the basic national call rate, mobiles may vary), or via email [email protected].

5.8          We use professional carriers. Nevertheless, you must examine the Goods on arrival and report any damage, missing or incorrect items within 14 working days.

5.9          All Goods being sent to the Russian Federation (as well as other countries outside the EU at the company’s discretion) will be sent via Royal Mail unless the company has a registered business address. If the retailer’s order comes to more than £250.00, the order may be shipped in separate parcels for insurance purposes and additional postage costs may apply. If the company is registered and has a business address, then the order can be sent via courier.

5.10          Any problems encountered at customs as a result of lack of proper business documentation is not the responsibility of HiyaHiya Europe. We will always send retailers their invoice to check before an order is shipped. Once the invoice, including the shipping address, billing address and shipping method is approved by the retailer, it is their responsibility to ensure that duties are paid, and customs regulations are met. If duties are left unpaid, HiyaHiya Europe will not ask for Goods to be returned to the UK as it is the retailer’s responsibility to receive the Goods.

6. International orders

6.1          Goods ordered from the Website for delivery outside the United Kingdom may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

6.2          Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

6.3          Please allow for an extra 5-14 working days for deliveries to Europe and the rest of the world. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events outside of our control. Any dates quoted for standard delivery services are approximate. We shall not be liable for any delay in delivering the Goods, however caused.

7. Payment

7.1          All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

7.2          Payment can only be made in GBP securely using any major credit or debit card, bank transfer or TransferWise. By placing an order, you consent to payment being charged to your debit/credit card or bank account.

7.3          Payment will be debited and cleared from your account before the dispatch of the Goods to you.

7.4          When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third-party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

7.5          If paying via bank transfer or TransferWise, please email your proof of payment to [email protected] within 48 hours to ensure that the products on your order are guaranteed for delivery.

7.6          All orders must be paid in full prior to despatch – failure to pay within five days will result in the order being cancelled and Goods returned to stock. We will not be held responsible for items going out of stock when an order is placed again, following initial non-payment.

7.7          If there are any issues when placing an order, please email our Support Team on [email protected].

7.8          By accepting these Terms you:
i.             agree that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card and bank account you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered;
ii.           agree that any and all Goods ordered by you are for your business and not personal use; and
iii.           authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer or bank to ensure you have adequate funds, to authenticate your identity, to validate your payment card or account and for other security reasons, such as fraud prevention.

7.9          We shall contact you should any problems occur with the authorisation of your card. Please ensure all your details are up-to-date. Inability to contact you or should we not receive any response within five days of sending you notification (whether or not you receive it), we will reject, and subsequently cancel, your order.

7.10          We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

8. Right to cancel

8.1          You may cancel your order for the Goods, so long as you provide us with written notice at any time within 14 working days starting from the day you receive the Goods. You can send your cancellation notice by email to [email protected]. Your cancellation notice must quote your name, your order reference number and a description of the Good(s) you’d like to return.

8.3          Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us at your own cost and risk. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the Goods and will deduct this from any sum owed by us to you.

8.4          The Goods must be returned to us in the same condition in which you received them until such time as the Goods are either collected by us or delivered back to us by you.

8.5          You must return the Goods unused, in its original packaging and with the original invoice enclosed.

8.6          You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

8.7          You must send the Goods back to us to our Returns Department address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the contract, if agreed upon.

8.8          We reserve the right to make a charge not exceeding our direct costs of recovering the Goods if you do not return the Goods or return them at our expense, if agreed upon. It is your responsibility to ensure you pack the Good(s) securely and choose the safest and most secure delivery method (for example, utilising a tracked and/or signed for service) to get items back to us. We will not accept any responsibility for any missing parcel(s) that has not reached us. Proof of postage is not proof of receipt.

8.9          All item(s) are to be addressed to our returns department at:
Returns Department
HiyaHiya Europe
3 Javelin Road,
Norwich,
Norfolk, NR6 6HP
United Kingdom

8.10          Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded as a store credit to your account as soon as possible and in any event within 30 days of your cancellation.

8.11          Orders returned in their entirety will incur a re-stocking charge of 5% of the total cost of the original order (less VAT and shipping). Orders partially returned will be charged at 5% of the value of the returned Goods.

9. Damaged, faulty or wrongly delivered Goods

9.1          We will not replace products that have been damaged due to accident, misuse, abuse or negligence. We will only offer you a refund of the full purchase price, including the cost of delivery for sending the Goods to you, and the cost incurred by you in returning the Goods to us (where applicable), if it:
i.            has been damaged on delivery;
ii.            is in a faulty condition;
iii.           develops a fault within 14 days of delivery; or
iv.           has been delivered to you in error.

9.2          Please note it is your responsibility as an official HiyaHiya stockist to assess your own customer returns. In the event you accept a defective product return from a customer, you must inform us via email within seven working days, providing the nature of the defect, photos and the batch number (starting with an ‘H’).

9.3          We will offer you a full refund provided that you return the Goods to us, if agreed upon, and we are reasonably satisfied that the Goods have not suffered damage after delivery or have not been misused or used other than in accordance with the instructions and its intended purpose or the problem is not due to normal wear and tear.

9.4          We reserve the right to refuse a return and/or exchange if the reasons and/or circumstances do not meet the above criteria.

9.5          Any replacement products agreed, will be issued free of charge with your next order.

9.6          Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause, if applicable) we will replace the Goods with the same or a similar product (subject to stock availability).

9.7          Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the Goods to us at your own cost.

9.8          In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 14 working days after receipt or the fault developing by email to [email protected]. If requested, you must complete our Product Replacement Request Form.

9.9          Your cancellation notice must quote your name, address, the name or a description of the faulty/damaged Good(s), a brief description of the problem, fault or damage and your order reference number along with supporting documentation(s) highlighting the fault/damage clearly.

9.10        Upon receiving your cancellation notice, we will contact you and provide details of where you can return the Goods if applicable, and other relevant instructions. You must then immediately return the Goods to us, if applicable. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us.

9.11          It is your responsibility to ensure you pack the Good(s) securely and choose the safest and most secure delivery method (for example, utilising a tracked and/or signed for service) to get items back to us. We will not accept any responsibility for any missing parcel(s) that has not reached us. Proof of postage is not proof of receipt.

9.12          All item(s) are to be addressed to our returns department at:
Returns Department
HiyaHiya Europe
3 Javelin Road,
Norwich,
Norfolk, NR6 6HP
United Kingdom

9.13          Once we’ve agreed on the issue being raised and all the criteria has been satisfied, any sum debited to us will be refunded as a store credit to your account as soon as possible and in any event within 30 days of your cancellation.

10. Incorrectly priced or described Goods

10.1         Whilst we try and ensure that all the information on the Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.

10.2          If we discover the error before sending you a confirmation email we will at our discretion, either reject your order and notify you of such rejection or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description.

10.3          If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject, and subsequently cancel, your order.

10.4          If we discover the error after sending you a confirmation email we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify you if we cancel the Contract.

10.5          If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with Clause 8.10.

11. Offers/Promotions

11.1          All promotions are subject to availability and strictly non-transferable.

11.2          We reserve the right to change or withdraw offers, promotions or sale items at any time and without prior notice.

11.3          New ranges and products under 30 days old may be excluded from promotional activity.

11.4          There is a minimum order value of £300.00 (ex VAT & shipping) on all first orders, however this includes a 10% discount and free shipping offer. The minimum order value is available at £150.00 (ex VAT & shipping) with no discount. You will receive your unique code in your welcome email when your registration is accepted.

11.5          Coupon codes cannot be used in conjunction with any other promotion or offer, including multi-buy deals, other coupon codes, sale items and clearance stock.

11.6          Coupon codes are valid for one use per customer unless otherwise stated. There can be no cash alternative.

11.7          All coupons are and shall remain the property of the Website and are not for re-sale or publication.

11.8          Sales prices are valid only for transactions made whilst the sale period is live.

11.9          Any offer of free delivery is limited to a standard delivery service using a courier of our choice and excludes VAT.

11.10         Offer expiry times on all offers and promotions are final.

11.11         One Counter Display Unit (CDU) will be included for an order exceeding £500. This offer can only be used once, per customer.

12. Competition Ts&Cs

12.1 Social media

12.1.1       Competitions are based on the stipulated entry criteria detailed on the respective social media platform. This will include (but not limited to) liking & sharing a post, placing an order, voting in a poll or other requirements as clearly stated.

12.1.2       Competitions are across all HiyaHiya Europe’s social media platforms, with winners chosen at random.

12.1.3       Prizes cannot be exchanged for a cash alternative.

12.1.4       Winners of social media competitions will be notified in social media posts, together with a notification in a direct message where appropriate.

12.2 Special giveaway

12.2.1       The competition may be based on orders placed within the stated time-period and subject to purchasing, where applicable. These may include minimum order values and customers purchasing certain items as stated.

12.2.2       The prize stated may differ from that presented in promotional imagery, though HiyaHiya Europe will endeavour to provide a prize as close to original imagery as possible.

12.2.3       Prize cannot be exchanged for a cash equivalent.

12.2.4       Winners are chosen at random and entered into the competition automatically unless specifically requested otherwise.

12.2.5       Prizes are drawn at random and the winner(s) of the competition notified by email no later than seven (7) days after the closing date.

12.2.6       HiyaHiya Europe may use imagery of the prize winner in our marketing activity and so by accepting these prizes you agree to abide by this.

13. Purl Points Scheme

13.1 General

13.1.1       The Purl Points Scheme will run from 11th June 2018 until 11th September 2018, inclusive.

13.1.2       The scheme is available to registered customers only.

13.1.3       Any transaction during the period of the scheme using a credit note will not generate any points.

13.1.4       All redeemable products in the Purl Points Scheme are subject to availability. HiyaHiya Europe will consider offering products of a similar value as an alternative, if necessary.

13.1.5       The scheme is not valid for any retailers who have a credit account.

13.1.6       Points earned or redeemed do not apply to tax or shipping.

13.1.7       The points allocated through the scheme are personal to the account holder of registered accounts on HiyaHiya Europe’s website. They cannot be transferred to any other person or account. Nor can they be sold or traded in any way.

13.1.8       Points may only be redeemed for the rewards and have no cash value.

13.1.9       Points are accumulated by purchases made within the scheme period only and no later than 11th November 2018.

13.1.10       Points cannot be redeemed in the first 30 days of the scheme and must be redeemed by 11th November 2018. Any remaining points will not be valid after this date.

13.1.11       When you’ve unlocked a reward, email [email protected] to receive a unique reward coupon. You can redeem your reward coupon on our payment page during checkout.

13.1.12       If you redeem your coupon for a reward less than the full value of the coupon the balance of the coupon is carried over to be redeemed at a later date within the redemption period.

13.1.13       In administering the scheme HiyaHiya Europe will be processing your personal details. Please see our Privacy Policy in order to understand how we do this and your rights.

13.1.14       We hold the right to cancel an account or the scheme at any time.

13.1.15       This scheme is subject to change at the company’s discretion.

13.2 Returns/Exchanges

13.2.1       You have 14 calendar days if you would like to return any of the items redeemed via the rewards accumulated through the Purl Points scheme because you have changed your mind. This two-week cancellation period starts from the day you have received all of the redeemed items in your order. You will need to send an email to [email protected] in the first instance.

13.2.2       You have 28 days from the date of receipt to contact us should you receive a faulty item(s). You will need to send an email along with images of the item(s) to [email protected] in the first instance.

13.2.3       Exchanges will only be considered for faulty Goods.

13.2.4       We will not replace products that have been damaged due to accident, misuse, abuse or negligence.

13.2.5       All item(s) sent back will be at your own expense. It is your responsibility to ensure you pack the item(s) securely and choose the safest delivery method to get items back to us. We will not accept any responsibility for any missing parcels that have not reached us. Proof of postage is not proof of receipt.

13.2.6       All item(s) are to be addressed to our returns department at:
Returns Department
HiyaHiya Europe
3 Javelin Road,
Norwich,
Norfolk, NR6 6HP
United Kingdom

13.2.7       All items must be returned in the original packing, with all labels and tags still in place in order to receive a full refund of your points into your Purl Points account. We will be unable to refund points into your account if these conditions are not met.

13.2.8       On receiving your return, the next step is for us to check the item(s). Once our checks are complete we’ll refund the points used.

13.2.9       We’ll make sure to keep you in the loop and send you an email as soon as your parcel arrives back at our warehouse, and again when we have processed your refund.

14. Privacy

14.1          We do not disclose buyers’ information to third parties.

14.2          If you subscribe to our newsletter, we will not share your email address, or any other particulars, with any third party nor use it for any reason other than to update you on new products/services and keep you informed of any offers we may have for you.

15. Website Use

You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use.

16. Liability and Indemnity

16.1          Notwithstanding any other provision in the Terms, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
i.               death or personal injury resulting from our negligence;
ii.              fraud or fraudulent misrepresentation;
iii.             action pursuant to section 2(3) of the Consumer Protection Act 1987; and
iv.             any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.

16.2        The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

16.3       We will not be liable if the Website is unavailable at any time.

16.4       We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

16.5       We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.

16.6       We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

16.7       We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

16.8       We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
i.             any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
ii.             any loss of goodwill or reputation; or
iii.            any special or indirect losses; or
iv.            any loss of data; or
v.             wasted management or office time; or
vi.            any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Terms and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Terms by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Terms. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking these Terms, whether or not deliberate, including those listed in clauses 16.8.1. to 16.8.6., is strictly limited to the purchase price of the Goods you purchased.

16.9       You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

16.10       This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

17. Force Majeure

17.1         We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
i.               strikes, lock-outs or other industrial action;
ii.              shortages of labour, fuel, power, raw materials;
iii.             late, defective performance or non-performance by suppliers;
iv.             private or public telecommunication, computer network failures or breakdown of equipment;
v.             civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
vi.            fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions;
vii.           impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
viii.         acts, decrees, legislation, regulations or restrictions of any government; or
ix.          other causes, beyond our reasonable control.

17.2       Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

17.3       Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or we may, by written notice to the other, terminate the Contract with immediate effect upon service.

18. Company information

HiyaHiya Europe Ltd
3 Javelin Road,
Norwich,
Norfolk NR6 6HP,
United Kingdom

Registered in England 10049664
Our VAT number is: GB 141 9215 31

Contact details: HiyaHiya Europe
Email: [email protected]
Tel: +44 (0) 1603 788 038 (calls from a UK landline will be at the basic national call rate, mobiles may vary).

If you need to contact us, please use the details above.

HHE/TC0818
Updated: August 8, 2018