Terms and Conditions

Please read these conditions carefully before using the thehappygelateria.com website. By using the thehappygelateria.com website, you signify your agreement to be bound by these conditions.

In addition, when you use any current or future thehappygelateria.com service, you will also be subject to the guidelines and conditions applicable to that service.

General

About us
Based in Teignmouth in Devon, UK thehappygelateria.com has been set up, and is operated by

Shona Buchan BVM&S MRCVS - thehappygelateria.com
Flat 3, 12 Barnpark Terrace
Teignmouth
Devon
UK
TQ14 8PS

Phone +44 7870 319022

Contact us by email here

Thehappygelateria.com has been set up for it’s members

1.General Conditions Relating to Your Use of thehappygelateria.com

1. 1 Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the password is kept confidential and secure and  inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the "My Account" area of the website.
Thehappygelateria.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

1.2 Privacy
Please review our Privacy Policy below, which also governs your visit to thehappygelateria.com, to understand our practices.
What we collect and why
When you visit thehappygelateria.com, there are different ways we gather information about you:

• When you register as a member with us, we ask for information such as your name, e-mail address, home address, contact details and, if you place an order, your credit card details. We keep a record of this information. All this is necessary for us to recognise you as a registered member and to fulfil the orders you place with us. It also enables us to monitor the postings on the Forum from time to time.
• We keep a record of your purchases with us, this means we can send you the most relevant offers. It also means we can deal a lot quicker with any problems you may experience with your order.
• We keep a record of any e-mail correspondence you send us. This helps us keep track of any problems or concerns, or happy experiences you've had with our products or services.

Cookies
Cookies are small text files that web sites can send to your computer. A cookie can be thought of as an internet user's identification card, which tells a web site when the user has returned. Cookies are not computer programs, and can't read other information saved on your hard drive. They cannot be used to disseminate viruses, or get a user's e-mail address etc. They only contain and transfer to the web site as much information as the users themselves have disclosed to that web site, and may be used to keep track of your preferences.
Cookies make the interaction between users and web sites faster and easier. Without cookies, it would be very difficult for a web site to allow a visitor to use a shopping basket or to remember the user's preferences or registration details for a future visit. The thehappygelateria.com website uses cookies to allow customers to move from one part of the web site to another and to add items to the shopping basket without having to login repeatedly
The European Union Directive on Privacy and Electronic Communications (the "Directive"), which came into force on 31st July 2002, recognises that cookies are a "legitimate and useful tool" for many activities, including verifying the identity of web site users. The Directive makes it compulsory for web sites to inform users if cookies are being used (which is exactly what we are doing here!), and to provide some information on how cookies are used. You can find more information on this subject at www.aboutcookies.org. Lastly, the Directive places an obligation on web sites to make users aware that they can set their computers to reject cookies. You will find the instructions on how to do this at www.aboutcookies.org. In short, you can turn off cookies within your browser by going to ‘Tools/Internet options/Privacy’ and selecting to block cookies. However, please be aware that the thehappygelateria.com website (in common with most other shopping web sites) will not work without cookies.

How We Use Your Personal Data
All the information we collect via our website or through correspondence with you is used to operate and improve the service we offer you. We are committed to using your personal information only for:

• Dealing with orders and accounts for the supply of our goods and services.
• Planning and managing thehappygelateria.com business activities, including analysing customers' habits and preferences.
• Research.
• Providing you with information about the products and services we offer.
• Letting you know about offers from other companies, but only with your permission.
• Assessing your request for delivery of goods and services from us where we may make enquiries about you including searching your records held by organisations like Equifax and credit reference agencies. At all times where we use or disclose your information it will remain secure.

There are only two circumstances where we may share some of your data with others:

• With agents (including credit reference agencies, credit card clearing agencies, fraud prevention and detection agencies) that we use to process the orders you place with us or who assist us in the service we provide to you. In these instances, we provide them with only the information they need to perform their function.
• In the unlikely event that our business assets are ever sold to or purchased by another company. (Our data records are part of our business).

How We DO NOT Use Your Personal Data.

• We will never pass on your email address on to a 3rd party for marketing purposes. We may however send you details of offers from other companies that we think may interest you, but only with your permission. If you would like to receive such offers please contact us here with the words 'opt in' in the title line.
• We never pass on credit card details to anyone.

Data over the Internet
The internet is a global network - therefore there are cases where your data travels internationally, which may include places outside the European Union. We want you to know that if you visit or shop with Trulyme, you're agreeing and authorising us to process data in this way.

Further information
If you have questions about your personal data or our privacy policy, please contact us here. To see all the information we have about you, and to correct any inaccuracies, please write to:
Shona Buchan, Flat3, 12 Barnpark Terrace, Teignmouth, Devon, UK TQ14 8PS

And finally

• If you do not wish to receive offers from companies whose products we think may interest you by post, please contact us here with the words 'opt out' in the title line.
• If you would like us to send you offers from other companies that we think may interest you by email please contact us here with the words 'opt in' in the title line.
• If at any time you do not wish to receive any further email messages from us please contact us here with the words 'unsubscribe' in the title line.

Why do you want to send me offers from other companies?
We will NEVER pass on your email address to another company. End of story.
However, much as we love our existing members, to keep the business growing, we need to recruit more. We may try to encourage other companies to promote us to their customers. In return, and where we consider it appropriate, we will source and send offers from other companies to our customers.
These offers are always interesting, and we believe represent real value and a benefit to our members. If we didn't, we wouldn't do it. Even so, we will not do this without your permission, and so need you to opt in to receive these. To opt in please contact us here with the words 'opt in' in the title line.

Your consent
By using our website, you consent to the collection and use of this information by thehappygelateria.com. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

1.3 Access to thehappygelateria.com
We will do our utmost to ensure that availability of the website is uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

1.4 Licence for website access
Thehappygelateria.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of thehappygelateria.com. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of thehappygelateria.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising thehappygelateria.com’s or its affiliates' names or trademarks without the express written consent of thehappygelateria.com. Any unauthorised use terminates the permission or license granted by thehappygelateria.com.
.
1.5 Electronic communications
When you visit thehappygelateria.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

1.6 Copyright and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of thehappygelateria.com, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of thehappygelateria.com and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of thehappygelateria.com, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.
You may not extract and/or re-utilise parts of the contents of the website without thehappygelateria.com’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without thehappygelateria.com’s express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without thehappygelateria.com’s express written consent.

1.7 Trademarks
THEHAPPYGELATERIA.COM,THEHAPPYGELATERIA,THEHAPPYGELATERIA.COM LOGO, and other marks indicated on our website are trademarks or registered trademarks of thehappygelateria.com. Thehappygelateria.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of thehappygelateria.com.
.
1.8 Children
Thehappygelateria.com only sells products and services for purchase by adults. If you are under 18, you may use thehappygelateria.com only with the involvement of a parent or guardian.

1.9 Other businesses
Parties other than thehappygelateria.com and its subsidiaries operate stores, provide services, or sell product lines on this website. In addition, we provide links to the websites of affiliated companies and certain other businesses and charities. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Thehappygelateria.com does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

1.10 Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

1.11 Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

1.12 Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

2. Conditions relating to Membership of  www.thehappygelateria.com

2.1 Free membership
Membership of thehappygelateria.com is enables you to:
Use the forum
Express yourself with a customizable user profile
Share Happy Gelati, Super Smoothie and Terrfic Treat recipes
Read the thoughts and opinions of others in their Blogs
Keep the little ones busy with games and activities
View Events, Galleries and Videos posted by other members

As a member you can also choose to be sent the recipes of the week direct by email. Please note that your information will be kept private. Please see our Privacy Policy for more information.

2.2 Membership Extra
You can choose to pay a small monthly subscription fee to join our membership-extra service. This gives you the same user status as a free member (see free membership above) but also gives you an automatic 10 % discount off any thehappygelateria.com own products purchased through www.thehappygelateria.com, and the capability of posting video, events and classifieds on the site - subject to approval by site moderators.  
Should you wish to cancel your membership-extra you can notify us by contacting us here with the words 'end membership extra' in the title line.

3.Conditions relating to the use of  thehappygelateria.com forum:

3.1 Visitors and members' contributions to the website
To the extent permissible by law, thehappygelateria.com assumes no responsibility for information published on this site and disclaims all liability in respect of such information. Thehappygelateria.com is not liable for any injury and/or damage to persons or property as a result of any actual or alleged libellous statements, infringements of intellectual property or privacy rights, or product liability, whether resulting from negligence or otherwise, including without limitation, from any use or operation of any ideas, instructions, procedures, products or methods contained in the material published on the site. Thehappygelateria.com does not warrant that the information published on the site is accurate or free from error. Information published on the site is intended solely for the purpose of providing general information. The information is not intended to be nor is it to be treated as a substitute for professional advice relative to a specific condition or question. Please do always seek the advice of a professional for any questions you may have regarding a medical condition or legal problem.
Please bear in mind that thehappygelateria.com is international and is accessible throughout the world and that by contributing in any way to the website, as above, you are consenting to the publication of your contribution on thehappygelateria.com and to linked thehappygelateria.com sites. Thehappygelateria.com reserves the right to edit or remove any contributions where necessary.
Please note that there is a risk that any photographs posted on any Thehappygelateria.com website may be downloaded and electronically altered by another user of that site. Whilst this is prohibited by the terms of Thehappygelateria.com  copyright permission notice, members should be aware of this risk before submitting photographs for publication on the site.

3.2 Discussion boards - thehappygelateria.com
thehappygelateria.com forum is intended to facilitate communication between registered thehappygelateria.com members and the views expressed do not necessarily reflect those of thehappygelateria.com. Only the posting of legal and non-defamatory comment or material, in line with our policy and aims is allowed. Although thehappygelateria.com is not responsible for comments included in this area, it reserves the right to review postings and delete them immediately if they are inappropriate, and your right to access thehappygelateria.com members area may be revoked. Members should also be aware that posting illegal or defamatory material may subject them to civil actions or criminal penalties.

In return for permitting you to use thehappygelateria.com Forum you agree with us that:

• Like the rest of society, basic standards will be adhered to, and nothing false or misleading will be posted.
• Anyone placing racist material on this Forum is committing a criminal offence - namely Incitement to Racial Hatred under the Race Relations Act. All details are therefore passed on to the people who provide the computers from which that message has been sent.
• You will post only respectful messages - including those pertaining to other members.
• You will keep all posts clear of defamatory or other insulting or inappropriate messages.
• You will post material in complete observation of any applicable local, state, federal or foreign law or regulation. This includes without limitation only authorised use of material protected by patent, copyright, trademark or other intellectual property right, keeping posts clear of material that is obscene, defamatory or libellous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws;
• Anything that is placed onto the Forum will uphold and respect the intellectual property or other rights of any third party and observe any applicable laws.
• You will take care to keep the Forum clear of any .spam. or .junk mail., or any other form of commercial solicitation. Also you will keep posts clear of unwanted or offensive content which include without limitation misleading offers that do not list the total purchase price of products, advertisements listed in the incorrect category, personals or any sub-category of personals, duplicate listings that contain more than [60%] of the same characters, regardless of category, U.R.L. (Universal Resource Locator) or hyperlinks within an advertisement or image, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising or unsolicited email (whether commercial or informational);
• You will be constantly careful to keep the Forum clear of anything that contains any software viruses or any other code, file, program designed to harm the function of any computer or telecommunications equipment.
• Any personal data that may be received about other members of the Forum, including without limitation phone number(s) or addresses, credit/debit card, calling card, member account numbers/ passwords or similar financial information, and home phone numbers or addresses is to be kept private for that member with their privacy and security being respected and protected at all times.
• If under the age of 18 a member will need to obtain a parent or guardian’s permission before signing up and posting anything onto the Forum. Always keep personal information about yourself, such as your address, telephone number and school private.

Disclaimers
Please note that thehappygelateria.com is not moderated and we therefore rely upon notifications from other Users regarding abuse of the Forum. We reserve the right to remove or edit any posting on the Forum that contravenes these Terms & Conditions - indeed, should we receive a complaint about the nature of any posting we shall remove it with immediate effect.
Users of the Forum do so entirely at their own risk. As such, to the extent permitted by law, Users release thehappygelateria.com, its directors, contractors and employees from all liability arising out of or in connection with the Forum and the material submitted to it by third parties
Problems or complaints should be directed to thehappygelateria.com via our contact form with the word 'Problem' or 'Complaint' in the title line. This is particularly if you notice that a User is contravening these Terms & Conditions.

3.4 Submissions to thehappygelateria.com - intellectual property
We have the right to publish, edit or reject anything that you send us either via email, via the site or in writing via post for any purpose whatsoever, commercial or otherwise, without payment to you - unless we have specifically agreed otherwise in writing prior to submission.
By sending information to us you automatically guarantee that you are the owner of any copyright of the material.
Once you have submitted material to thehappygelateria.com either by way of the site, direct email, by post or fax, the material sent automatically becomes the copyright of thehappygelateria.com. This means that ownership transfers from you to thehappygelateria.com and our prior agreement is required to submit the same material to any other website or printed publication. We rely on the author of each submission to present us with accurate and factual material. All responsibility for the accuracy of information submitted on thehappygelateria.com lies with the person(s) submitting.

3.5 Advertising

• Companies/individuals wishing to advertise any products or services on the forum need to contact us here beforehand with the words 'advertising oppurtunity' in the title line.
• We offer a comprehensive package of services for carefully chosen advertisers on thehappygelateria.com including sponsorship, banner advertising and retail partnerships. For more information please contact us here with the words 'advertising oppurtunity' in the title line.

3.6 User accounts

• Members can only register one username per email address.
• Members can only register one username per member.
• Thehappygelateria.com reserves the right to remove access to the Forum for any members who mimic another member's identity and/or register identities of a similar or identical nature to persons in the public eye.

4. Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by thehappygelateria.com to you.
 
4.1 Our contract
When you place an order to purchase a product from thehappygelateria.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you. That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.

4.2 Pricing and availability
We list pricing information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about price. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if dispatch is likely to be delayed.
Despite our best efforts, some products may occasionally be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

4.3 Delivery
All thehappygelateria.com own products are currently e-products and will be sent direct to the email account indicated during the ordering process.

4.4 Returns Policy
If you are not entirely delighted with the product(s) that you have chosen you may return them to us within 7 days of receipt. We will be more than happy to offer you an exchange or, at our discretion, a refund.
This returns policy does not affect your statutory rights.

4.5 Events beyond our reasonable control
Neither we, nor any service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical or technical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever