Terms and Conditions
This page provides information about who we are and the legal terms and conditions that may apply to your use of the Smoochy website and any product or service you order from us. By shopping with us, you agree to our terms and conditions set here.
You must be over 18 to shop online with Smoochy.
This website is owned and operated by Smoochy.co.uk. Please note our VAT rate is 20%. Unless we say otherwise, we use the terms "Smoochy", "we", "us" and "our" on this page to refer to Smoochy.co.uk (including throughout the Website Terms and Conditions, the General Terms and Conditions of Sale, the Additional Terms and Conditions of Sale). If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please click here to contact us.
Your use of this Website
You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may use, download and print content on the Website solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:
•Copy, reproduce, use or otherwise deal with any content on the Website;
•Modify, distribute or re-post any content on the Website for any purpose;
•Use the content of the Website for any commercial exploitation whatsoever.
Password / Account Security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Smoochy shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password, account or order related emails.
Ownership of Rights
All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Smoochy. If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in user generated content that you submit through the Website) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
Age Restrictions on Purchase
The purchase of certain products and services made available on the Website are subject to age requirements specified by law. We are not permitted by law to supply these products or services to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these products or services through the Website. In particular, please note that age restrictions apply in the UK to the purchase of the products and services listed below. By placing an order for any of the following products or services you confirm that you (and, if different, the recipient of the product and/or service) satisfy the age requirements necessary to buy that product or service:
Videos and DVDs. Videos and DVDs can only be purchased by, and for, individuals who satisfy the British Board of Film Classification or other age classification criteria applicable to the relevant video or DVD. Videos and DVDs can only be purchased by, and for, individuals who satisfy these age classification criteria.
Accuracy of Content
To the extent permitted by applicable law, Smoochy disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. Content can and will be changed in order to make the information as accurate as possible over time. The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Smoochy.
Other Legal Notices
Third Party Rights
Only you and Smoochy shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Law, Jurisdiction and Language
Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
Changes to these Website Terms
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
Purchasing From the Smoochy Website
Whenever you use this Website to order an Smoochy product, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale.
Smoochy has taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly and accurately described. However, when ordering please note that:
•Orders will only be accepted if there are no errors in the description of the goods and their prices as advertised on this Website;
•All prices are displayed in pounds Sterling inclusive of UK VAT where applicable.
•Packaging may vary from that shown on the Website;
•The sizes shown on the Website are approximate only and may vary slightly;
•Colours of our products are displayed as accurately as possible on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
•All items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s) of equal or higher quality and value.
Acceptance of your Order
Please note that completion of the online checkout process does not constitute Smoochy' acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) that you ordered from us.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense.
If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order. If Smoochy cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
Delivery - Charges and Timescales
We respect your confidentiality. All orders are dispatched in discreet, plain packaging, and we will never make your details available to any third party company for marketing purposes. Delivery charges and timescales vary depending on the type of products ordered, the service you select, delivery address and unforeseeable disruptions to delivery services. For full details of our delivery charges please click here
Please note that certain products may be subject to additional terms and conditions of sale relevant to the delivery charges and/or timescales applicable to that product. Delivery will be to the UK or international address specified in your order. If no one is available at a residential or other address at the time of delivery, and the parcel is too big to fit through a letterbox, a card will be left with instructions on where to collect your parcel or how to rearrange delivery.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. Smoochy shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control. In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau for UK customers).
Promotions and Promotion Codes
If you have a promotional code, you need to enter this into the offer box on the ‘Your Bag’ page and click ‘Apply’. Promotional codes can be used once only per customer as defined by their email address and/or credit card address and/or delivery address. Only one promotional code can be used per transaction. Offer cannot be used in conjunction with certain other Smoochy offers. Codes offering a discount when you spend a certain amount can only apply to a single transaction and exclude delivery charges and selected products. Please note that promotional codes also have an expiry date, after which they are not redeemable.
Promotional codes remain the property of Smoochy.co.uk, are non-transferable and may not be reproduced in any form. We reserve the right to remove promotion codes at any time and without warning. Additional offers may not available in Smoochy stores or with Party Organisers, 'Other shops' or with any third party web site unless otherwise stated.
We reserve the right to withdraw offers at any time. Some promotions may not combine with other promotions on site, and if so, the best offer will be applied to your order. Any 3 for the price of 2 item choice will always give you the cheapest item free. Please note: If you buy on a buy three get one free promotion, or any discounted multiple offer, individual items cannot be returned for refund, you will need to send back all the qualifying items.
We only accept payment in UK Pound Sterling (GBP). Customers outside the UK will be billed in Sterling.
We accept the following cards as well as PayPal payments:
MasterCard / Visa / Visa Delta / Maestro / American Express / Solo
We are a member of IMRG, the leading industry body for global e-tailing, promoting the highest possible industry standards and best practices ensuring honest and truthful transactions. We utilise industry-standard 128 bit Secure Sockets Layer (SSL) technology to allow for the encryption of sensitive information such as your name, address and other sensitive information like your credit card details.
This technology includes the following features:
Authentication- this assures your browser that your data is being sent to the correct computer server, and that the server is secure.
Encryption- this encodes the data, so that it cannot be read by anyone other than the secure server.
Data Integrity- this checks the data being transferred to ensure it has not been altered.
If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven (7) working days following your receipt of the goods or the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights.
If you wish to cancel your order under the Distance Selling Regulations we ask you to please notify our Customer Service team by email or post quoting your name, order number and details of the products.Contact Us write to:
Goods must be returned within 28 days of cancelling your order. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned in their original packaging or promptly at your cost or using the free returns form supplied with your order. If you return goods, please always retain proof of posting for your records. This can be obtained from your Post Office and is free. You will be responsible for the returned products until they reach us.
Where you are cancelling your order within this cooling-off period we will refund the full cost of the item. We will only refund the delivery charges if you are cancelling the whole order, so please mention this when cancelling your order. Delivery charges are non-refundable if you are returning part of an order. If you notify us of your cancellation after the 7-day statutory cooling-off period, our standard returns policy will apply which can be viewed here.
If you cancel your order in any of the circumstances set out above in regards to cancellation under the provisions of the Distance Selling Regulations, Smoochy will refund any money paid by you after any products, which have been delivered to you, are returned to us. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return as outlined above. Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).
If you are considering cancelling or wish to cancel a product you have ordered from us, please be aware of the following terms that apply:
•Applicability of cancellation rights: Legal rights of cancellation under the Distance Selling Regulations available for UK or EU consumers do not apply to certain products and services including: The sale of customised goods or perishable goods, sealed audio or video recordings, or software, which has been opened, or goods that by reason of their nature, cannot be returned - (Items such as underwear, where the 'hygiene patch' has been removed, or cosmetics where the seal has been broken).
•Additional cancellation terms: Where Additional Terms and Conditions of Sale are applicable to any product or service you have ordered from us, these may also govern your cancellation rights and you should review these carefully
•Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or e-mail only) within the seven day period. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
•Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you obtain proof of sending. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available in the UK from your local Citizens' Advice Bureau or your Local Authority's Trading Standards Office. If you are a non-EU customer, please see our international returns policy.
In the rare event you have a faulty item, please return for an exchange or refund. Please note, if you do not use the FREEPOST option to return goods, we cannot refund any postage costs incurred by your return. Customer Services Department
Other Terms & Conditions
Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. Smoochy reserves the right to define what can and cannot be delivered to which destination.
Payment - Purchases will be made in pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay. Smoochy products are sold on a delivery duty unpaid basis.
The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery. Occasionally, the supply of your product(s) or may be delayed or prevented for reasons beyond our control - for example, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.
Your Right to Cancel
If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven (7) working days following your receipt of the goods or the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau if you are in the UK). If you are a non-EU customer, please see our international returns policy.
If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
•Applicability of cancellation rights: Legal rights of cancellation under the Distance Selling Regulations available for UK or EU consumers do not apply to certain products: The sale of customised goods or perishable goods, sealed audio or video recordings, or software, which has been opened.
•Goods that by reason of their nature, cannot be returned - (Items such as underwear, where the 'hygiene patch' has been removed, or cosmetics where the seal has been broken).
•Additional cancellation terms: Where Additional Terms and Conditions of Sale are applicable to any product you have ordered from us, these may also govern your cancellation rights and you should review these carefully;
•Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or e-mail only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
•Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within seven working days following the date of receipt in accordance with the Distance Selling Regulations or otherwise as soon as possible. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned in their original packaging.
This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available in the UK from your local Citizens' Advice Bureau or your Local Authority's Trading Standards Office.
If you cancel your order in any of the circumstances set out above in regards to cancellation under the provisions of the Distance Selling Regulations, Smoochy will refund any money paid by you after any products, which have been delivered to you, when returned to us. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return as outlined above.
Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).
For further details with regards to cancellations, please see our help pages or contact customer services.
Customer Ratings and Reviews Terms and Conditions
•you are the sole author and owner of the intellectual property rights thereto;
•all "moral rights" that you may have in such content have been voluntarily waived by you;
•all content that you post is accurate;
•you are at least 18 years old;
You further agree and warrant that you shall not submit any content:
•that is known by you to be false, inaccurate or misleading;
•that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
•that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
•that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
•for which you were compensated or granted any consideration by any third party;
•that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
•that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Smoochy (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant Smoochy a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
You acknowledge that you, not Smoochy, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Smoochy, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that Smoochy and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
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