Terms and Conditions
- By accessing, browsing or using this website, you acknowledge and agree to be bound by these terms and conditions. HappyWay Promotions Pty Ltd (ABN 53 627 010 404) reserves the right to amend or update the terms and conditions at any time without providing notice to you.
- All purchase orders placed upon the company for goods and services are subject to written confirmation by the company before acceptance of order shall be deemed to have occurred.
- Prices of goods and services and delivery fees displayed on the website are current at the time of display. Such amounts are subject to variation without notice. We will always endeavour to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that such information is current. accurate, complete, reliable or error free.
- Delivery days are quoted based on normal working days and referred from The International Bureau of the Universal Postal Union and shall be treated as a reference only. Delivery days may subject to longer due to Australian Customs Service withhold for any necessary assessments or any other reasons out of HappyWay Promotions Pty Ltd’s control. HappyWay Promotions Pty Ltd shall not be liable for any delay.
- We reserve the right to cancel orders at our sole discretion at any time. In those circumstances, we will not be held liable for any loss or damage incurred by you arising out of ,in connection with the exercise of these rights. If you need to cancel an order, please contact us immediately via email to firstname.lastname@example.org and also on the phone on (02) 9793 2099. Our agreement with you only comes into effect once we have both confirmed your order and your payment has been successfully processed. Once we have accepted payment on an order, cancellation of the order is within our sole discretion.
- 2% over or under delivery considered fulfilment on all orders as a standard industry practice.
- FORCE MAJEURE: HappyWay Promotions Pty Ltd shall not be in default or in breach of any contract with the Customer as a result of Force Majeure including any strike or lock-out. HappyWay Promotions Pty Ltd shall not be liable for any losses or damages, and shall be excused from any delay or failure in performance hereunder, caused by any labour dispute or disturbances, governmental order or requirements, acts of God, casualty, disaster, inability to secure materials and transportation facilities, wars and other civil disturbances, and other circumstances beyond its control including the failure of its supplier(s) and/or subcontractors to perform. Where a party is unable, wholly or in part, by reason of an act of God, strike, lockout or other interference with work, war, declared or undeclared, act of terrorism, blockade, disturbance , lightning, fire, earthquake, storm, flood, explosion, government or quasigovernmental restraint, expropriation prohibition intervention direct or embargo, unavailability or delay in availability of equipment or transport, inability or delay in authorities or allocations, and any other cause whether of the kind specifically enumerated above or otherwise which is not reasonably within the control of the party affect (“force majeure”), to carry out any obligation under this agreement and that party: a) gives the other party prompt notice of that force majeure with reasonably full particulars thereof and insofar as known, the probable extent to which it will be unable to perform or be delayed in performing that obligation; b) uses all possible diligence to remove that force majeure as quickly as possible. An obligation to pay money is never excused by force majeure; and the requirement that any force majeure shall be removed with all possible diligence shall not require the settlement of strikes, lockouts or other labour disputes, or claims or demands by any government on terms contrary to the wishes of the party affected.
- Upon receipt of order (or prior in some instances), our art department will prepare an artwork proof / approval and formal quotation / confirmation form for your approval (This may be in the form of a email correspondence or verbal in rare cases). These forms should be returned via email or mail by the expiration date specified in order to secure the dispatch / delivery times stated. Failure to approve within the time frame specified may result in an increased delivery time for your order. Any changes to product or artwork once the original artwork proofs have been sent, may result in an extended lead time / dispatch / delivery date; we will do our best to achieve the original delivery date although will not be held accountable for any such delays that occur.
- Any goods that have been decorated or printed cannot be returned. Goods returned will be accepted only if prior approval has been provided with authorization number. Products returned must be in re-saleable condition and return within 14 days of the delivery. Goods returned will incur a 50% restocking fee of the total invoice.
Ownership of goods sold shall remain with HappyWay Promotions Pty Ltd until payment is received in full. Ownership of goods shall not pass to the purchasers until payment in full and of all monies owed to HappyWay Promotions Pty Ltd. HappyWay Promotions Pty Ltd reserves the right to take possession and dispose of products as it sees fit at any time until full payment has been received.
- Any part of these Terms being the whole or part of any clause(s) shall be capable of severance without affecting any other part of these Terms.
- The information and ideas contained on the website are provided in good faith and, to the best of HappyWay Promotions Pty Ltd’s knowledge, are accurate and current. However, HappyWay Promotions Pty Ltd does not make any representation or warranty as to the accuracy or completeness of that information or those ideas (including any information or ideas provided to this website by third party suppliers). HappyWay Promotions Pty Ltd disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for purpose and non-infringement of intellectual property rights. For the avoidance of doubt, HappyWay Promotions Pty Ltd does not warrant that this website or any information or ideas contained on it or any goods or services sold will meet your requirements or be fit for a particular purpose.
- Copyright in this website is owned by HappyWay Promotions Pty Ltd. Material or information on the website comprises of copyright materials, trademarks and registered trademarks (@intellectual property rights@) which are the property of HappyWay Promotions Pty Ltd and third parties. These intellectual property rights may only be used by you for the purposes of browsing the website and acquiring goods and services from it.
All care is taken to ensure that the website and HappyWay Promotions Pty Ltd’s data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.