Terms & Conditions
1. DEFINITIONS
1.1 “Buyer”: means person, to whom the Company may agree to supply Goods in accordance with these conditions.
1.2 “The Company”: means Happy Trampoline, or any subsidiary or associated company (as the case may be).
1.3 “Goods”: means any goods and/or product items to be provided by the Company to the Buyer in accordance with these conditions.
1.4 “Contract” means the contract for the supply of the Goods.
2. ORDER ACCEPTANCE
2.1 All orders placed by the Buyer whether written or oral shall constitute an offer to the Company under these conditions subject to availability of the Goods and to acceptance of the order by the Company’s authorized representative. Any quotation given by the Company does not constitute an offer capable of acceptance.
2.2 All orders are accepted and Goods supplied subject to these conditions only. No amendment of these conditions will be valid unless confirmed in writing on or after the date hereof by the Company’s authorized representative.
3. DELIVERY
3.1 Any dates given for delivery by the Company are estimates only and the Company shall not be responsible for any delays.
3.2 All Contracts entered into where stock permits will be sent for normal 5-8 business day delivery. Should the Buyer require an improved service this will be subject to availability. The Company will make an increased charge.
3.3 The Company reserves the right to make delivery by installments and will obtain agreement either verbally or in writing from the buyer. In the event that these conditions shall apply each delivery will be treated as though it were the subject of a separate contract and failure by the Company to deliver any one or more installments or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the contract as a whole as repudiated.
3.4 Delivery shall be affected at the time when the Buyer collects the goods from the Company or in cases where delivery is to be carried out by the Company at the request of the buyer is made to the address specified by the Buyer. The Buyer shall inspect the Goods on delivery. Where the buyer is reselling goods for direct delivery to a third party it is the buyer’s responsibility to organize the inspection of goods. If the Buyer shall give written notice as aforesaid the buyer shall comply with the Company’s instructions concerning the return or retention for inspection of such Goods, which shall be at the Buyer’s risk until back in the possession of the Company.
3.5 All requests for proof of delivery must be made within 5 working days of the delivery due date.
4. CANCELLATIONS AND RETURNS
4.1 The buyer can cancel the contract at any time up to 7 working days after the day of delivery. To cancel an order we must receive this either via email or in writing.
4.2 If the buyer cancels, the buyer must return the goods to us at the buyer’s own expense and subject to the 25% restocking fee ( see return policy for further details). The buyer must ensure that the goods are packaged adequately to protect against damage and in selling condition. If the buyer fails to take reasonable care of the goods before they are returned to the company and this results in damage or deterioration then the company will charge the buyer for the reduction in value.
4.3 This cancellation policy does not affect your legal rights, for example, if the goods are faulty or described incorrectly.
5. PRICES
5.1 Catalogues price lists and other advertising literature or material as used by the Company are intended only as an indication as to price and range of goods offered and no prices, descriptions or other particulars shall be binding on the Company.
5.2 The buyer must ensue they have viewed CHECK HERE FOR DELIVERY on each product page as surcharges for delivery to certain postcodes may apply on certain products. The buyer will receive a call from the Company after the order is placed and a new agreement will be made at this point. The buyer may cancel their contract at this point if they do not agree to the increase in price and will be refunded in full.
5.3 All products purchased from the state of California will be subject to state sales tax.
6. TERMS OF PAYMENT
6.1 Customers can pay via credit card, paypal, google checkout system or any available credit system available through Happy Trampoline website. Management reserve the right to change or upgrade checkout payment system as it pleases.
7. RISKS AND PROPERTY
7.1 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these conditions the property in the Goods shall not pass to the Buyer until the Company has received payment in full of the price of the Goods and all other goods supplied by the Company.
7.2 Until such time as the property in the Goods passes to the Buyer the Buyer shall deliver up the Goods to the Company on demand and if the Buyer fails to do so immediately the Company may enter any premises of the Buyer or any third party where Goods are stored and repossess the Goods.
7.3 The Buyer may not pledge or in any way charge by way of security for any indebtedness any of the Goods, which remain the property of the Company. If the Buyer does so all monies owing by the Buyer to the Company shall immediately become due and payable.
8. SPECIFICATION OF GOODS
8.1 The Company shall not be liable in respect of any loss or damage caused by or resulting from any variation for whatsoever reason in the manufacture’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. The Company will use its reasonable endeavors to advise the Buyer of any such impending variation as soon as it receives any notice thereof from manufacturer.
8.2 Unless otherwise agreed the Goods are supplied in accordance with the manufacturer’s standard specifications as these may be improved substituted or modified. The Company reserves the right to increase its quoted or listed price or to charge according in respect of any orders accepted for Goods of non-standard specifications and in no circumstances will it consider cancellation of such orders or return of the Goods.
9. WARRANTY
9.1 Frames - Lifetime against manufacturer defects
9.2 Springs - Lifetime against manufacturer defects
9.3 Jumping Bed – 5 years against manufacturer defects
9.4 Frame Pad – 5 years against manufacturer defects
9.5 Net Enclosures - 5 years on metal hardware/2 years on fabrics, grommets, sewing against manufacturer defects
9.6
Due to constant product development and improvement, prices, designs and colors are subject to change without prior notice. A product shall not be considered defective if it is a different color than shown in Happy Trampoline catalogue and/or websites and no warranty is made relating to color. All requests of Buyer for warranty work and replacements are subject to product inspection at Happy Trampoline factory in California. Buyer must ship the products to Happy Trampoline at Buyer’s expenses. Ordinary wear and tear will not invalidate Happy Trampoline limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate Happy Trampoline warranty. Buyer must use stakes, tie-downs and ground covers at all time to ensure the safety of users and the equipment. This warranty is not a guarantee that the product will not through use, handling and storage develop tears or punctures from time to time, the repair of which is the responsibility of Buyer. If a returned product is evaluated and found defective, and the warranty for such product is enforced, Happy Trampoline will bear the cost of shipping the repaired or replacement product to Buyer; otherwise, all shipping costs will be borne solely by Buyer. No statement, remark or representation of any employee or agent of Happy Trampoline may vary this Limited Warranty unless in writing and signed by the President of Happy Trampoline.
(Refer to Terms and Conditions for further details)
9.7 Buyer must ship the products to Happy Trampoline at Buyer’s expenses. Ordinary wear and tear will not invalidate Happy Trampoline limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate Happy Trampoline warranty.
9.8 Buyer must use stakes, tie-downs and ground covers at all time to ensure the safety of users and the equipment.
9.9 This warranty is not a guarantee that the product will not through use, handling and storage develop tears or punctures from time to time, the repair of which is the responsibility of Buyer.
9.10 If a returned product is evaluated and found defective, and the warranty for such product is in force, Happy Trampoline will bear the cost of shipping the repaired or replacement product to Buyer; otherwise, all shipping costs will be borne solely by Buyer.
9.11 No statement, remark or representation of any employee or agent of Happy Trampoline may vary this Limited Warranty unless in writing and signed by the President of Happy Trampoline.
10. BACK ORDERING
In the event that your order is not in stock, then a member of our sales team will contact you and give you a revised delivery date. At this point you have the option to withdraw the order if you are unable to wait.
11. TERMINATION
11.1 Any Contract may be terminated immediately by notice in writing.
11.2 By the Company if the Buyer fails to pay any sums due hereunder by the due date or is involved in any legal proceedings concerning its solvency or ceases trading or commits an act of bankruptcy or is adjudicated bankrupt or if a petition is presented or resolution passed for its liquidation or if it makes an arrangement with its creditors or a petition for an administration order is presented or if a receiver administrative receiver or manager is appointed over all or any part of its assets or if it is unable to pay its debts within the meaning of Section1123 of the Insolvency Act 1986 or does or suffers anything analogous to any of the foregoing in any other jurisdiction.
11.3 By the party not in default if the other party fails to perform any of its obligations and such failure for a period of 14 days after written notice thereof.
11.4 Any termination shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or a law and shall not affect any accrued rights or liabilities of either party.
11.5 Upon termination of a Contract all sums owing to the Company whether under that Contract or otherwise shall become immediately due and payable and the Company may cancel any outstanding order or make delivery subject to payment in advance.
11.6 If you wish to exercise your right to cancel this contract prior to order dispatch, please contact us by email and phone immediately.
12. Interpretation:
12.1 The rights and liabilities arising out of this contract with Happy Trampoline shall be determined under the Uniform Commercial Code as enacted in California without application of choice of law rules or the United Nations Convention on Contracts for the Sale of goods (as to foreign shipments).
13. Limitation of Liability.
Under no circumstances shall Happy Trampoline be liable for any incidental, consequential, punitive, reliance, delay or special damages, losses or expenses arising from this confirmation of order or Happy Trampoline buyer’s performances or nonperformance, or in connection with the use of, or inability to use, the goods for any purpose whatsoever. In any and all events, if Happy Trampoline is found liable for damages. Happy Trampoline shall not be responsible for damages to any person or entity, including but not limited to buyer and buyer’s customers, for an amount paid by buyer for the products ordered and confirmed by this confirmation order.
14. DISCLAIMER
HAPPY TRAMPOLINE DISCLAIMS ANY RESPONSIBILITY WHATSOEVER TO BUYER OR TO ANY OTHER PERSON FOR INJURY TO PERSON OR DAMAGE TO OR LOSS OF PROPERTY OR VALUE CAUSED BY ANY PRODUCT WHICH HAS BEEN SUBJECTED TO MISUSE, NEGLIGENCE, OR ACCIDENT; OR MISAPPLIED; OR MODIFIED OR REPAIRED BY UNAUTHORIZED PERSONS; OR IMPROPERLY INSTALLED OR MAINTAINED.
15. Use and Indemnification. Buyer is solely responsible for the manner of use of the products and other equipment purchased from Happy Trampoline. Buyer is solely responsible for all signage, labels, and warnings to consumers or other users of the products and equipment, and or any and all other acts necessary, including user warnings and limitations (e.g., weight, height, age, number of participants, and medical condition limitations), to ensure the safety of the users. Buyer acknowledges that they received, read and fully understand all necessary instructions for the safe setup and operation of their Happy Trampoline product or device. Buyer agrees to operate their Happy Trampoline product or device according to the instructions established by Happy Trampoline. Buyer agrees to operate their trampoline product or device according to all state and local requirements. Buyer agrees to train any person(s) operating the trampoline product or device in the safe operation of the trampoline product or device including safe handling of emergency situations. Buyer shall use stakes, tie-downs, and other applicable devices necessary to ensure the safety of the users and the general public. Buyer agrees to indemnify, hold harmless and defend Happy Trampoline and Happy Trampoline Insurers from actions and claims of third parties, including customers of Buyer and users of the goods and products sold to Buyer, arising out of or in connection with the use of the goods and products herein described or resulting from the breach of the provisions in this Confirmation of Order by Buyer. In the event Happy Trampoline is required to commence an action to enforce this provision, Buyer shall pay all of Happy Trampoline legal costs and expenses.
16. GENERAL
16.1 The headings in this Agreement are for ease of reference only and shall not affect its interpretation or construction.
16.2 No forbearance delay or indulgence by the Company in enforcing any of its rights shall prejudice or restrict the rights of the Company and no waiver of any such rights or of any breach by the Buyer shall be deemed to be a waiver of any other right of any later breach. No waiver by the Company shall be effective unless in writing.
16.3 The Buyer may not assign any of its rights without the prior written consent of the Company. The Company may assign any of its rights.
16.4 In the event of any of these conditions (of any part of any of them) being found to be void or unenforceable for any reason the remaining conditions (and the remainder of the condition concerned) shall remain in full force and effect.
16.5 The Company shall not be liable for any delay in or failure to perform its obligations where such delay or failure results from act of God fire explosion accident industrial dispute or any other cause beyond its reasonable control.
16.6 Any notices given hereunder by either party to the other must be in writing and may be delivered personally or by recorded delivery or registered post and in case of post will be deemed to have been given 2 working days after the date of posting.
16.7 These conditions constitute the entire agreement between the Company and the Buyer concerning the supply of the Goods and replace and supersede any prior arrangement understanding warranty or representation (other than any fraudulent or negligent misrepresentation).
16.8 These terms and conditions shall be governed and constructed in accordance with United States of America and the parties submit to the Non-exclusive jurisdiction of the United States Courts.
