Terms and Conditions
Jive Hippo SL
WEBSITE TERMS AND CONDITIONS
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH JIVE HIPPO SL (“WE”, “US” “OUR” OR “JIVE HIPPO®”) SUPPLIES YOU (“YOU” OR “YOUR”) WITH ANY OF THE PRODUCTS (“PRODUCT” OR “PRODUCTS”) LISTED ON ITS WEBSITE WWW.JIVEHIPPO.CLUB (“WEBSITE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING AN ORDER TO PURCHASE ANY PRODUCTS ADVERTISED ON THE WEBSITE AND/OR APPLYING TO BECOME A REGISTERED USER (AS DEFINED BELOW) OF THE WEBSITE. YOU ACKNOWLEDGE THAT BY TICKING THE BOX ON THE ORDER FORM AND/OR REGISTRATION FORM ON THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO PLACE AN ORDER FOR ANY OF THE PRODUCTS VIA THE WEBSITE.
THESE TERMS MAY BE SUBJECT TO CHANGE, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME AND BEFORE REGISTERING WITH THE WEBSITE.
1. INFORMATION ABOUT JIVE HIPPO SL AND THE WEBSITE
1.1. The Website is owned and managed, operated and maintained by Jive Hippo SL a company registered in Tenerife with company registration number B-76721562, and having its registered address at CC Fañabe Plaza 339, Avda Bruselas, 38660 Costa Adeje, Tenerife, Canary Islands.
1.2. The Website is an e-commerce platform for the purchasing of a range of Products listed on the Website from time to time across categories that may include Travel, Home & Electrical, Entertainment, Fashion & Footwear, Food & Drink and Health, Beauty & Jewellery.
1.3. Jive Hippo SL shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
1.4. You can access the Website and browse the Products available either as a visitor (“Visitor”) or by registering with the Website (“Registered User”) (hereafter collectively referred to as “Users”).
1.5. Jive Hippo SL reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any listed Products or features of the Website without notice.
1.6. Jive Hippo SL may be contacted at CC Fañabe Plaza 339, Avda Bruselas, 38660 Costa Adeje, Tenerife, Canary Islands or by email at Plans@JiveHippo.club
2. PRELIMINARY INFORMATION
2.1. By placing an Order with Jive Hippo SL for the purchase of the Products, you warrant that:
2.1.1. you are legally capable of entering into any binding contracts;
2.1.2. you are at least 18 years old; and
2.1.3. you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the purchase of the Products.
3.1. You are required to become a Registered User in order to purchase Products via the Website. You may become a Registered User of the Website by completing and submitting the online registration form on the Website. By applying to be a Registered User, you consent to Jive Hippo SL conducting verification and security procedures in respect of the information provided in the registration form. Subject to clause 1.3 above, as a Registered User you will be able to access additional features of the Website, including without limitation the opportunity to view records of previous Orders you have placed, track your pending Orders and save postal addresses for future Orders.
3.2. Upon the completion and submission of the online registration form on the Website, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to access the Website as a Registered User. Your contract (“Contract”) with us shall commence on the date we send your Verification Email and will continue until terminated by you or us in accordance with these Terms.
3.3. As a Registered User, you agree to keep your username and password (“Login Details”) confidential and secure, not use your Login Details with the intent of impersonating another person, not allow any other person to use your Login Details and promptly notify Us in the event there is a breach of security or any unauthorised use of your Login Details.
4. PLACING AN ORDER
4.1. In order to purchase any of the Products from the Website, you shall be required to add the Products you wish to purchase to your online cart, proceed to the checkout and complete the online form (“Order Form”) made available to you on the Website.
4.2. Upon completion of the Order Form you will be directed to our online payment facility in order to make payment for the Products. Such payment will result in you having placed an order (“Order”) for the Products.
4.3. By placing an Order, you consent to Jive Hippo SL conducting verification and security procedures in respect of the information provided in the Order Form.
4.4. You hereby warrant that the information provided to Jive Hippo SL is true, accurate and correct. You further warrant that you shall promptly notify Jive Hippo SL in the event of any changes to such information
4.5. All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your Order if made.
4.6. The images of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. The Products you receive may vary slightly from those images.
4.7. Under the 2003 Licensing Act, it is an offence for anyone under the ages of eighteen (18) to purchase or attempt to purchase alcoholic beverages. If Jive Hippo SL offer alcoholic beverages and/or Products which contain alcohol for sale via the Website, you will be required to provide Jive Hippo SL with your date of birth when completing the Order Form. We reserve the right to contact you to verify the information you have provided and, in the event that we are not satisfied that the purchaser is aged 18 or over, we reserve the right to not deliver these Products to you.
5. FORMATION OF ORDER
5.1. After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order (“Order Confirmation Email”). Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a Product. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). Our obligation to provide you with your Order will only be formed when we send you the Dispatch Confirmation.
5.2. Your Order will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6. PRICE AND PAYMENTS
6.1. The price of the Products will be as quoted on our Website from time to time, except in cases of obvious error (“Price”).
6.2. Unless otherwise expressly set out to the contrary, the Price quoted on the Website shall be inclusive of applicable value added taxes.
6.3. Due to the nature of the business, you acknowledge and agree that the Price may be subject to change and variation from time to time subject always that any changes in the Price shall not be applicable to you once you have submitted your Order with Jive Hippo SL.
6.4. Jive Hippo SL shall use its reasonable endeavours to ensure that the Prices for the Products on the Website are accurate and correct at all times. However, you acknowledge and accept that such Products may at times be incorrectly priced. Where there is a discrepancy between the actual Price and the advertised Price, Jive Hippo SL shall inform you of the actual Price of the Product. Thereafter, you shall have the option of proceeding with your Order in consideration for the actual Price or cancelling your Order with Jive Hippo SL.
6.5. You may pay for your Order using one of the methods of payment as specified on the Website. Jive Hippo SL reserves the right not to process your Order if Jive Hippo SL has not received payment of the Price and any other additional charges, including without limitation any applicable taxes and delivery charges.
6.6. For your information, We may use third party payment handlers to process your payment and you agree that you have given Us permission to do so by complying with the terms herein.
7.1. All applicable delivery charges are as set out on the Website and are additional to the Price. The delivery charge for your Order will depend upon the size and type of Products ordered and your chosen method of delivery and will be confirmed at the ‘checkout’ before you place your Order.
7.2. Jive Hippo SL aims to deliver your Order to you, subject to the provisions set out herein, within the time frames specified on the Website but we can’t guarantee that your Order will arrive on or within any quoted delivery dates.
7.3. You shall become the owner of the Products on dispatch of such Products by Jive Hippo SL, provided always that Jive Hippo SL has received payment of the Price and all other related charges in full. Once the Products have been dispatched to you, they will be your responsibility and, except insofar as the Products fall within clause 9 below, Jive Hippo SL shall not be liable for any damage, loss or destruction of the Products after they have been dispatched to you.
8. INTERNATIONAL DELIVERY
8.1. Jive Hippo SL does not deliver to countries outside of the United Kingdom.
9. CANCELLATION RIGHTS AND RETURNS
9.1. If you are a consumer, you have a legal right to cancel an Order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Order and receive a refund. Advice about your legal right to cancel your Order is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2. Your legal right to cancel an Order starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Order between us is formed. Your deadline for cancelling the Order is:
9.2.1. for an Order consisting of a single Product, the end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January; and
9.2.2. for an Order for a single Product consisting of multiple instalments or multiple Products which are delivered on separate days, the end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
9.3. To cancel an Order you should e-mail us at Plans@JiveHippo.club or contact our customer services team by telephone on 0800 066 4692. If you are e-mailing us please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as the e-mail is sent to us before midnight on that day.
9.4. If you cancel your Order we will:
9.4.1. refund you the Price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Product, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the Price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
9.4.2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
9.4.3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
188.8.131.52. if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.7;
184.108.40.206. if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Order.
9.5. If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Product to us.
9.6. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.7. If a Product has been delivered to you before you decide to cancel your Order:
9.7.1. then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Order. Our returns address is Jive Hippo, Fifth Floor, Waverley House, Holdenhurst Road, Bournemouth BH8 8DY.
9.7.2. unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us.
9.8. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Order. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. TERMINATION OF YOUR CONTRACT
10.1. You may terminate your Contract with us at any time by providing notice in writing or by e-mail sent to the postal or e-mail address provided at clause 1.6, save that you may not terminate your Contract if you have any pending Orders.
10.2. Provided you have no pending Orders, we may give you notice to terminate your Contract at any time on notice to you.
10.3. We may suspend or terminate your access and Use of the Service immediately and without on notice to you in the event that:
10.3.1. third party services and network providers cease to make the third party service or network available to us;
10.3.2. you fail to comply with one or more of these Terms;
10.3.3. we believe that there has been fraudulent use, misuse or abuse of features and functionalities of the Website (in whole or in part); or
10.3.4. we believe that you have provided us with any false, inaccurate or misleading information.
11. ADDITIONAL OBLIGATIONS
11.1. You agree that you are solely responsible and liable for all activities on the Website carried out by your use of the Website.
11.2. You further agree that at all times, you shall not:
11.2.1. use the information presented on the Website or provided to you by Jive Hippo SL for any commercial purposes; or
11.2.2. infringe any rights of any third parties.
12. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
12.1. We are responsible to You for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.
12.2. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time the Contract was made.
12.3. We are not responsible for any loss or damage that is not foreseeable.
12.4. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.5. We do not exclude or limit in any way our liability for:
12.5.1. death or personal injury caused by our negligence or the negligence of Our employees, agents or subcontractors;
12.5.2. fraud or fraudulent misrepresentation; or
12.5.3. breach of the terms implied by the Consumer Rights Act 2015.
13. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed, including without limitation any dietary information provided on the Website. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
14. INTELLECTUAL PROPERTY RIGHTS
14.1. Jive Hippo SL and its licensors own all patents, trade-marks (whether registrable or non-registrable), copyright, designs, rights in database, rights in software (including without limitation the source code and object code) and all other proprietary rights (whether registered or not) (“Intellectual Property Rights”) relating to the Website and the Products.
14.2. You are expressly prohibited from:
14.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
14.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Jive Hippo SL or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Jive Hippo SL.
15. PRIVACY AND DATA PROTECTION
If you have reason to believe that any of the terms herein have been breached or you have a complaint to make, please e-mail Us at: Plans@JiveHippo.club. All notification and communication to Jive Hippo SL should be sent to the contact details provided herein.
17. EVENTS OUTSIDE OUR CONTROL
17.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
17.2. What we mean by an Event Outside our Control. An “Event Outside Our Control” means any act or event 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 (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
17.3. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
17.3.1. We will contact You as soon as reasonably possible to notify you; and
17.3.2. our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects your ability to receive Orders, we will rectify this as soon as reasonably possible after the Event Outside Our Control is over.
17.4. You may cancel this Agreement if an Event Outside Our Control takes place which prevents you from receiving your Order and you no longer wish to receive your Order. Please see your cancellation rights under clause 9. We will only cancel the Agreement if the Event Outside Our Control continues for longer than 6 weeks.
18.1. We can make changes to these Terms. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Website after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
18.2. Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.3. We may need to transfer your Contract. We may transfer our rights and obligations under the Contract to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under this Agreement.
18.4. If a court finds part of your Contract illegal, the rest will continue in force. Each of the clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
18.5. All notices, documents and other communications relating to this Contract must be in writing and delivered, or posted by first class pre-paid post or sent by e-mail transmission to our addresses set out in clause 1.6, or to your addresses specified by you in your registration form, as appropriate and any such notice shall be deemed to have been duly served upon and received by the party to whom it is addressed at the time of delivery if delivered by hand, on the expiry of 48 hours after posting or at the time of transmission in the case of e-mail transmission.
18.6. Even if we delay in enforcing your Contract, we can still enforce it later. 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 will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. 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.
18.7. Only these Terms apply to your Contract with us. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website, and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
18.8. Which laws apply to this Contract and where you may bring legal proceedings. This Agreement is governed by English law. This means your Contract and your Orders for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.