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WEBSITE TERMS AND CONDITIONS
(BUSINESS TO CONSUMER) Hip-IP Ltd.

These Conditions (defined below) apply to the use of the Website (defined below). By accessing this Website and/or placing an Order (defined below), you agree to be bound by these Conditions. If you do not agree to be bound by these Conditions, you may not use or access this Website or place any Order.

  1. Definitions

    1. In these terms and conditions, the following words shall have the meanings set opposite:-

      "Conditions" means these terms and conditions which shall apply to the supply of Products by Us to you;
      "Intellectual Property" means any patents, copyright, registered designs, unregistered designs, trade marks (whether registered or unregistered), technical information, confidential information, know-how, inventions, database rights, all software and source codes and any other industrial or intellectual property rights whether existing in the Isle of Man and/or elsewhere and any and all applications for any of the foregoing and any and all rights to apply for any of the foregoing;
      "Order" means an order submitted by you for the purchase of a Product from the Website;
      "Personal Information" means the personal information relating to you and provided by you on registering with the Website:
      "Product" means a product displayed for sale on the Website;
      "Product Description" means a description of a Product contained on this Website;
      "User" means a user of the Website;
      "We" or "Us" means Hip-IP Limited, incorporated in the Isle of Man (Registered No [115848C]) and having a place of business at 45 Erin Way, Port Erin, Isle of Man, IM9 6EF
      "Website" means the website located at [ ] or any subsequent URL which may replace it.

 

Access

  1. You are provided with access to this Website in accordance with these Conditions and any Orders placed by you must be placed in accordance with these Conditions. In these Conditions, references to the singular shall include references to the plural and vice versa. Headings are for convenience only and shall not affect interpretation.

  2. Registration

    1. To place an Order you are obliged to register with this Website and provide certain Personal Information to Us including your name, postal address and email address. Failure to register with the Website means that you will be unable to place Orders from the Website.
    2. You shall ensure that any Personal Information which you are required to provide when you register with this Website is true, accurate, current and complete in all respects.
    3. You will notify Us immediately of any changes to any Personal Information supplied to Us.
    4. We reserve the right, at our reasonable discretion, to refuse access to the Website and/or terminate registration of any User for any reason.

  

How a Contract between You and Us is created

    1. If you wish to purchase a Product from the Website, proceed with the Order for the Product on the Website by pressing the "Proceed" button at the end of the shopping basket process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
    2. You will then be asked to confirm that the details of your Order are correct and enter payment details.
    3. There shall be no contract between you and Us for the purchase of a Product from this Website until such time as. We receive payment of the whole price of the Product for your Order.
    4. We will be entitled to reject your Order at our sole discretion and shall notify you by email if for any reason your Order is rejected. Without prejudice to the foregoing generality, your Order may be rejected as a result of the following:-
      1. the Product you ordered being unavailable from stock;
      2. our inability to obtain authorisation for your payment;
      3. the identification of a pricing or Product Description error;
      4. you not meeting the eligibility to Order criteria set out in these Conditions;
      5. the address required from you under Clause 6.2 not being acceptable to Us.

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  3. Privacy

    1. We shall not use or disclose your Personal Information except in the circumstances set out below. We will comply with all applicable Isle of Man data protection and consumer legislation from time to time in place.
    2. We confirm that any Personal Information which you provide to Us shall be used only for the following purposes:-
      1. processing your Orders;
      2. to administer this Website;
      3. to notify you of Products or special offers that may be of interest to you;
      4. to allow on-line payments to be made for Orders placed by you. This will involve Us passing certain Personal Information to third party on-line payment providers within the European Economic Area.
    3. In the event that you do not wish Us to use your Personal Information to notify you of Products and special offers you should tick the "Opt Out" box as you go through the registration process or email Us and advise accordingly.
    4. You shall allow Us to obtain information about you from third parties from time to time including but not limited to your debit or credit card number or credit reports to authenticate your identity, to validate your debit or credit card, to obtain debit or credit card authorisation and to authorise transactions relating to the Order. This information will not be made available to third parties for credit assessment purposes.

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  5. Orders

    1. 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 or Personal Information you provide when accessing this Website and/or placing an Order.
    2. To be eligible to place an Order and purchase Products on this Website you must:-
      1. be over 18 years of age;
      2. stipulate a delivery address that meets with our reasonable satisfaction. PO Box numbers and hotel addresses are not acceptable;
      3. possess a valid credit or debit card issued by a bank acceptable to Us at our sole discretion.

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  7. Payment

    1. Prices for Products are set out in the Website. All prices are inclusive of value added tax where applicable at the current rates and are correct at the time of entering the information on to the Website. The total cost of your Order is the price of the Products ordered including any value added tax due, plus the Delivery charge which is set out in the Website.
    3. All credit/debit card purchases are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to Us, We will not accept your Order.
    4. The Website allows you to make requests for Products be We do not handle your credit or debit card payments or details. Your credit or debit card information is entered once you have been directed to the secure payment gateway. We do not hold your credit or debit card information, including your account number, anywhere on our database at any time. We are not liable for the security of any third party payment gateway.

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  9. How to Cancel Your Order

    1. You may cancel your contract with us for the Products you Order at any time up to 7 working days starting the day after delivery. You do not need to given Us any reason for cancelling your contract nor will you have to pay any penalty to cancel your contract with Us. To cancel your contract with Us you must notify Us in writing or by email. If you cancel any Order you must not use the Products but return them to Us unused.
    2. Once you have notified Us that you are cancelling your contract any sum debit from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Products in question are returned by you and received by Us in the condition they were in when delivered to you. If you do not return the Products delivered to you or do not pay the cost of delivery, We shall be entitled to deduct the direct cost of recovering the Products from the amount to be re-credited to you.
    3. You are responsible for making the arrangements for the return of Products to Us under this Condition 8. You will be responsible for any Products which are lost or damaged in transit during the returns process. The cost of making a return shall be borne by you and it is your responsibility to ensure that any Products being returned are adequately insured.

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  11. Cancellation by Us

    1. reserve the right to cancel the contract between you and Us if:
      1. We have insufficient stock to deliver the Products you have ordered;
      2. We do not deliver to your area;
      3. One or more of the Products you ordered was listed as an incorrect price due to a typographical error or an error in the pricing information received by Us from our suppliers.
    2. If We do cancel your contract with Us, We will notify you by email and will re-credit to your account any sum deducted by Us from your credit card as soon as possible, but in any event within 30 days of your Order. We will not be obliged to offer any and additional compensation for disappointment suffered.

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  13. Liability

    1. If the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, We shall have no liability to you unless you notify Us in writing at our contact address noted in Condition 23 of the problem within ten working days of the delivery of the Products in question and We shall advise you of our policy regarding delivery of returns.
    2. If you do not receive Products ordered by you within thirty days of the date on which you ordered them, We shall have no liability to you unless you notify Us in writing at our contact address detailed in Condition 23 of the problem within forty days of the date on which you ordered the Products.

      If you notify a problem to Us under this Condition, our only obligation will be, at your option:
      1. to make good any shortage or non-delivery.
      2. to replace or repair any Products that are damaged or defective; or
      3. to refund to you the amount paid by you for the Products in question in whatever way We choose.

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  15. Risk

    Risk of damage to or loss of the Products shall pass to you at the time of delivery. All risk shall remain with you until such time as the Products are returned to Us in accordance with these Conditions.

  16. Delivery

    1. Delivery of your Order shall be made as detailed on the Acceptance Email. We shall advise you in the event Products contained in any Order cannot be delivered within thirty days of your Order being placed with Us.
    2. Delivery shall be made to the address you gave Us on the Order.
    3. We cannot deliver to some locations. We shall not be liable for delivery delay caused by third parties.

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  18. Description of Products

    1. Each Product purchased is sold subject to its Product Description.
    2. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered on to the Website. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an Order. The prices specified on the Website will be as accurate as possible. However due to circumstances beyond our control, prices may have to be altered. The correct price will be confirmed in the Acceptance Email. If, for any reason, a price alteration is not acceptable, you are entitled to cancel your Order as specified in paragraph 8 above.

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  20. Withdrawal of a Product

    We reserve the right to withdraw any Products from this Website at any time and or remove or edit any materials or content on this Website.

  21. The Website

    1. We reserve the right to modify or withdraw temporarily or permanently this Website or any part thereof with or without notice to you and you confirm that We shall not be liable to you or any third party for any modification to or withdrawal of the Website and/or change to these Conditions from time to time. It is your responsibility to check regularly to determine whether these Conditions have been changed each time you make an Order.
    2. We make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of this Website.
    3. While We will use our reasonable endeavours to verify the accuracy of any information We place on this Website, this Website is provided on an "as is" basis and an "as available" basis without any representation or endorsement made and We make no warranties of any kind whether express or implied in relation to the availability or functionality of the Website.
    4. We have not reviewed any of the sites that may be linked to this Website and are not responsible for the content, security or privacy policies of any linked pages or other sites linked to this Website. We shall have no responsibility or liability arising from the contents of any linked pages or linked sites or for any error, defamation, libel, omission, obscenity or inaccuracy contained in any information therein.
    5. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, inflammatory, pornographic or illegal material on this Website.
    6. Both parties shall use reasonable efforts to ensure that when using this Website no viruses, trojan horses or other codes containing contaminating or destructive properties are transmitted. However, We shall have no liability in the event that the same are transmitted during the course of using this Website.

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  23. Customer Service

    In the event of a query or complaint about any of our Products, Website or service, please email: enquiries@hip-ip.com

  24. Intellectual Property and Right to Use the Website

    1. You acknowledge and agree that all Intellectual Property Rights in all material or content supplied as part of the Website shall remain at all times vested in Us. You are permitted to use this Website and the material contained therein only as expressly authorised by Us.
    2. You acknowledge and agree that the material and content contained within the Website is made available for your personal, non-commercial use only and that you may (if necessary to place an Order) download such material and content on to only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.

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  26. Compliance with Laws

    This Website may be used by you only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through this Website.

  27. Limitation of Liability

    1. We will not be liable, in contract, tort (including without limitation negligence) pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise to you as a result of or in connection with the Conditions for:-
      1. any economic losses including without limitation loss of revenues, loss of data, loss of profits, contracts, business or anticipated savings; or
      2. any loss of goodwill or reputation; or
      3. any other special or indirect losses suffered or incurred by or arising out of or in connection with the provisions of any matter under these Conditions.
    2. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our representatives, agents or employees.

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  29. Severance

    If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

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  31. Waiver

    No failures to exercise and no delay in exercising on our part of any right or privilege under these Conditions shall operate as a waiver thereof. A waiver by Us of any breach of the Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

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  33. Entire Agreement

    1. These Conditions govern our relationship with you and represent the entire understanding of the subject matter. You confirm that in agreeing to accept these Conditions you have not relied on any prior representation or communications made by Us.
    2. The terms of Conditions shall extend post termination of these Conditions for any reasons.

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  35. Notices

    Unless otherwise stated in these Conditions, all notices from you to Us must be in writing and sent to our postal address at PO Box 1, Port Erin, Isle of Man, IM99 8HZ. All notices from Us to you will be displayed on the Website from time to time.

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  37. Events beyond our Control

    We shall have no liability to you for any failure to deliver Products or any delay in doing so or for any damage or defect if such is caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lock outs and other industrial action, breakdowns of systems or network access, flood, fire, explosion, accident and failure of the postal system.

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  39. Third Party Rights

    A party who is not a party to the contract between you and Us has no rights under the Contracts (Rights of Third Parties) Act 2001 (Act of Tynwald) to enforce any term of these Conditions.

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  41. Governing Law

    These Conditions shall be governed by and construed in accordance with the laws of the Isle of Man and the parties hereby submit to the exclusive jurisdiction of the Isle of Man courts.

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  43. Statutory Rights

    Your statutory rights are not affected by these Conditions.