All customer purchases from SHAPPY are governed by the SHAPPY Contract Terms, in force at the time of your order. Please take the time to read these terms, as they include important information which applies to your purchase. You will not be able to proceed to purchase from SHAPPY without agreeing that you have read and agree with these terms.
1. Website Access: If you are a consumer, you may only purchase Products from the Website if you are at least 18 years old. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Website to purchase SHAPPY products.
2. Entire Agreement: These terms and any document expressly referred to in them, or incorporated by hyperlink, in conjunction with the SHAPPY Service Terms (as applicable), constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter (including, but not limited to, any prior iterations of these terms).
3. No Reliance: You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty that is not set out in these terms.
4. No Misrepresentation: You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this contract.
5. Contract Formation: After you place an order on the Website, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when you receive your dispatch confirmation e-mail (“Order Confirmation”). The contract between us will only be formed when we send you the Order Confirmation.
6. No-Fault Cancellation: If we are unable to supply you with a product (for example, because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website), we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
7. Product Access: SHAPPY reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household, or per order. These limitations may include orders placed by or under the same customer account, using the same credit card, or orders that use the same billing or shipping address. SHAPPY reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
8. Variation: SHAPPY reserves the right to amend the SHAPPY Contract Terms from time to time. Please refer to the top of this document to see when the SHAPPY Contract Terms were last updated. SHAPPY reserves the right to revise these terms as they apply to your order from time to time to reflect changes in laws and regulatory requirements applicable to SHAPPY products. If we have to revise these terms as they apply to your order, we will contact you to give you reasonable notice of the changes and let you know how to cancel the contract if you are not happy with the changes. If you opt to cancel the contract, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid for those products.
9. Product Illustrations: The images of the SHAPPY products on our Website are for illustrative purposes only. Although we have made every effort to display the colors and shapes accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the in-person look and feel of the product. SHAPPY products may vary slightly from those images. The packaging of the products may vary from that shown on images on our Website.
10. Swatch Service: To help our customers, we provide the SHAPPY Swatch Service which allows customers to explore the color options before making a purchase. We strongly encourage customers to make use of the SHAPPY Swatch Service – the cost of purchasing a swatch pack will be deducted from any subsequent order that you place for a SHAPPY sofa.
11. Product Variation: SHAPPY products are made with high-density polyurethane foam, however, due to the inherent nature of foam there can be ±3% variation in size and weight of our products.
12. Payment: You can pay for SHAPPY products using a debit card, credit card or PayPal. We accept the following cards: Visa, Mastercard and American Express. Payment methods are subject to change without warning.
13. Payment Fraud: Payment for all SHAPPY products (including pre-orders) and all applicable delivery charges are taken in advance at the point of order. Our Website provider and payment providers work hard to detect cases of possible fraud. To protect all you agree to only use discount codes that you have been provided with explicitly and directly from SHAPPY (and can provide evidence of such discount code being given to you by SHAPPY staff for personal use). You agree not to pass on any discount code to any third party without prior written consent from a director or employee of SHAPPY.
14. Cancellation: If you wish to cancel an order before it has been delivered to you then please reach out to contact@heyshappy.com quoting your name, phone number, order reference number and delivery address. If the order has already been dispatched from our distribution center, we will make all reasonable efforts to halt the delivery in transit and prevent it from reaching you, to minimize additional postage and handling costs. In respect of a canceled order, you will be refunded the original purchase price (using the payment method selected at order checkout), less the original delivery costs, and less any additional postage and handling costs incurred in returning the order to our distribution center.
15. Returns: At SHAPPY we want to make sure that every customer is satisfied with their purchase, which is why we offer a 14-day ‘no cause’ return policy for any online orders placed through the SHAPPY Website. You can arrange a return of your SHAPPY product(s) by notifying by e-mailing contact@heyshappy.com before delivery of your order or no more than 14 days after the order has been delivered to you (or your nominated address or proxy). Once you receive notice from us that the return is valid and has been accepted by us, you have a further 14 days to return the product to the return address specified by us. In the case of no-cause returns, all postage and courier costs are the responsibility of the customer. Please note that any original postage/delivery fees will not be refunded to you.
16. Faulty Goods: If upon receipt of your order any product is faulty, defective or not fit for purpose then please reach out to contact@heyshappy.com immediately, and in any case no more than 48 hours after receipt of the product. We will then contact you to confirm the condition of the product and arrange for an inspection if required. Your right to a refund for faulty goods is conditional upon notice of the fault being provided to SHAPPY no more than 30 days after you receive the product. We strongly encourage all customers to inspect their orders as soon as possible after delivery and contact SHAPPY if any apparent faults present. If it is determined that the product is faulty or defective then return of the product will be arranged and a full refund will be issued to you (using the payment method selected at order checkout) within 10 days.
17. Self-Repair: You agree not to dispose of or attempt to repair any product that is seemingly damaged or faulty until you have contacted SHAPPY and spoken with one of our customer care team members and we have agreed in writing, usually by email, that it is okay to do so. Attempting to repair the product yourself may cause further damage to the product and compromise your right to return/refund the product.
18. Return Condition: All product returns are subject to the condition be unused and in the same original condition (including all original, inner and outer protective packaging intact) as it was when the product was delivered to you. Returns will not be accepted, and refunds will not be issued, in respect of products that have been used by the customer in the time since the product was first delivered to them (with the exception of goods that are determined to be faulty or defective).
19. Notification of Returns: Note that products that are sent back to us without first requesting a return via contact@heyshappy.com will not be accepted.
20. Eligibility: Sale items, ex-display items and gift vouchers are not eligible to be returned with the exception of goods that are determined to be faulty or defective).
21. Product Value: Once we have received your returned order, we will refund you the price you paid for the products. Note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, or if the goods are received in lesser condition than originally received by the customer.
22. Refund Period: We endeavour to process any refunds due to you as soon as possible, and within 10 business days of receiving and accepting your returned product, using the original payment method used at order checkout.
23. Color Descriptions: Due to differences in how computer screens convey color and how lighting effects tone, we cannot accept color ‘not as described as a valid reason for return and refund. Although this does not impact your right to cancel and return your order, all associated costs and return criteria apply. We strongly encourage customers to make use of the SHAPPY Swatch Service as described in clause 10.
24. Sales Limits: We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
25. Exchanges: Please note that we do not offer general product exchanges. We strongly encourage all customers to take advantage of our SHAPPY Swatch Box service, which allows you to inspect your color and fabric options before placing an order.
26. Risk and Title: Delivery of an order shall be completed when we deliver the products to the address specified for the order at checkout and the products will be the customer’s responsibility from that time at risk passes to you. You have title to the products once we have received payment in full, including all applicable delivery charges.
27. Dispatch: Orders are collected by our courier providers Monday-Friday, excluding statutory holidays.
28. Pre-orders: Pre-orders have a different delivery schedule as detailed on the product page at the time of ordering and outlined in your Order Confirmation. Please note that estimated dispatch times indicated on the product page are not guaranteed and we will keep you as informed as possible on that page. You reserve the right to cancel your pre-order contract at any time before we confirm your order with our dispatch email and in that case, you will receive a full refund. Please reach out to contact@heyshappy.com if you have any queries regarding pre-orders or delivery timeframes.
29. Return Postage: Orders to EU addresses that are eligible for free delivery are not by extension eligible for free return postage.
30. Prices: The prices of the SHAPPY products will be as quoted on our Website at the time you place your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered into the Website system. Prices for our products may change from time to time, but changes will not affect any order you have already placed.
31. VAT: The price of a SHAPPY product purchased within the EU includes Valued Added Tax (“VAT”), at the applicable current rate chargeable in the EU for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
32. Delivery Charges: The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process on the Website, before you confirm your order.
33. Website Errors: It is always possible that, despite our best efforts, a product on our Website may be incorrectly priced. We normally check prices as part of our dispatch procedures so that:
a. where the product’s correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the products to you; and
b. if the product’s correct price is higher than the price stated on our Website, we will contact you via e-mail to inform you of this error and give you the option of continuing to purchase the product at the correct price or canceling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as canceled and notify you via the e-mail address provided.
34. Warranty: SHAPPY products come with a one-year manufacturer’s warranty from the date of the Order Confirmation. This warranty covers defects in manufacturing discovered while using the product as recommended by the manufacturer.
35. Warranty Exclusion: The warranty does not cover normal wear and tear, stains or damage (whether unintentional or not), including, but not exclusively caused by:
a. misuse – such as placing a heavy object or high-pressure edge on the product, or using the product for an unintended purpose;
b. abuse and negligence – such as being damaged by cleaning with a rough surface or through suction such as a vacuum or broom, or being cleaned with chemicals such as nail polish removers, acids and alkalines, acetone or bleach;
c. improper storage conditions, including dampness, abnormally high or low temperature, lightning, rain or snow, commercial use, or damage to flooring due to improper care; or
d. modification – such as being cut to size or altered by the customer in any way.
36. Product Inspection: It is agreed that SHAPPY are best placed and have the authority to inspect and decide if a product is faulty or if damage has occurred.
37. Warranty Claim: To make a claim, the purchaser should contact us at contact@heyshappy.com attaching proof of purchase and describing in detail of what the problem is, including photos. The purchaser must contact SHAPPY within 30 days of the problem arising.
38. Warranty Cover: If it is determined by SHAPPY that the product is covered by warranty, in the first 6 months a replacement product will be offered (provided it is in stock) and in the second 6 months a 50% refund of the original purchase price will be applied. Shipping and delivery fees will not be refunded.
39. Non-domestic Use: As a condition of purchasing any SHAPPY product(s), you agree not to use such product(s) for any prohibited commercial, business or resale purposes, and you agree that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
40. Indemnity: You agree to indemnify, defend and hold harmless SHAPPY and any parent company, subsidiaries, partners, officers, directors, employees, agents, and contractors, from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of any third-party.
41. Force Majeure: SHAPPY will not be liable or responsible for any failure to perform, or any delay in performance of, any of our obligations under a contract that is caused by a Force Majeure Event. A “Force Majeure Event” means any act, omission or event that is beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster (including government-imposed restrictions or sanctions in connection with the Covid-19 pandemic), or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
42. Force Majeure Notice: If a Force Majeure Event takes place that affects the performance of our obligations under a contract with a customer:
a. we will notify you as soon as reasonably practicable; and
b. our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of products to you, we will arrange a new delivery date with you after the impact of the Force Majeure Event has passed.
43. Non-performance: If our non-performance of contractual obligations due to a Force Majeure Event continues for more than 30 days then you may cancel the relevant contract. To cancel a contract in this manner please contact us at contact@heyshappy.com. If you opt to cancel your order, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, excluding any delivery charges.
44. Interpretation: The headings used in these terms are included for convenience only and will not limit or otherwise affect the operation of these terms. For the purposes of these terms, the term “in writing” includes communications by e-mail. Any ambiguities in the interpretation of these terms shall be construed in favour of the drafting party.
45. Severability: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable and are therefore severed from the agreement, the remaining paragraphs will remain in full force and effect. Any ambiguities in the interpretation of these terms shall not be construed against SHAPPY.
46. Assignment / Assignation: We may assign, novate or transfer our rights and obligations under a contract to another legal person, but this will not affect your rights or our obligations under these terms. You may only assign, novate or transfer your rights or your obligations under these terms to another legal person with prior written consent of SHAPPY.
47. Third Party Rights: This contract is made between you and SHAPPY. No other person or legal entity shall have any rights to enforce any of its terms.
48. No Waiver: If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you and does not mean that you do not have to comply with your obligations under these terms. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
50. Governing Law: These terms are governed by, and shall be interpreted in accordance with, Polish law. This means that a contract for the purchase of products or services through the SHAPPY Website and any dispute or claim arising out of or in connection with such purchase will be governed by Polish law. You and we agree to that the courts of Poland will have non-exclusive jurisdiction in respect of any such dispute.
