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Terms and Conditions

INTRODUCTION AND ACCEPTANCE OF THE TERMS AND CONDITIONS

The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Splash Happy’ (hereafter also referred to as ‘We’ or the ‘Website’), belonging to the company Splash Happy. Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and Splash Happy as they are used to protect your rights as a valued customer and our rights as a business.

 

CHANGES TO THE TERMS OF SERVICE AND THE WEBSITE

Splash Happy is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.

 

PRODUCT INFORMATION

Splash Happy takes great care when putting product information, descriptions and images online but will not be held responsible for any mistakes or omissions to any information given.

 

PRICES

The prices indicated on Splash Happy are shown in NZ dollar. The price of the products are clearly shown and invoiced at the end of the order. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.

 

AVAILABILITY

We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.

 

SECURE PAYMENT

You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the site. You must be fully entitled to use the payment method used for purchases. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use.

 

DELIVERY

Your order will be delivered to the address you indicated when your order was placed.

Splash Happy does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.

 

RIGHT OF RETURN

Splash Happy allows you 30 days to return a product that you are not satisfied with. Your right of return starts from the moment your order is delivered. You can return the product to us within this time frame, at your own expense.

For full details please view our Refund Policy page.

 

INTELLECTUAL OWNERSHIP

All the content on Splash Happy website (illustrations, texts, names, brand names, images and videos) is the property of Splash Happy. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by Splash Happy. All information, content and files is protected by International law concerning intellectual ownership and copyright. Splash Happy cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.

Splash Happy will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

 

WAIVER AND SEVERABILITY

Any failure of Splash Happy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Splash Happy, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

FEEDBACK & COMMENTS

Any opinions left on the Website by Splash Happy customers are screened and moderated by Splash Happy. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Splash Happy reserves the right to refuse or modify it.