General Terms and Conditions
Version 1.1 – Valid as of October 1st, 2023
1 Introduction
Art. 1 These General Terms and Conditions (Conditions) apply to all orders placed by the customer (you, your) for Services (as defined below) via www.uk.happy-post.com with Landmark Global UK Limited, trading under the brand name of “Happy-Post” (we, us, our).Art. 2 We are a registered company with company number 03855411 and our registered office is at Unit 3 Heathrow Logistics Park, Bedfont Lane, Feltham, Middlesex, TW14 8EE, United Kingdom.
Art. 3 You can contact us using the contact details on our website.
Art. 4 The latest applicable version of these Conditions can always be found at Happy Post Terms and Conditions
Art. 5 Please note that we may update these Conditions from time to time. Please make sure you read them carefully each and every time you place an order with us.
2 Definitions
Art. 6 In these Conditions, the following definitions apply.
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Contract: means the legally binding contract formed between you and us in accordance with Art. 7;
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Dangerous Goods: means those items as set out at Prohibited and Dangerous Items;
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Deposit: means the handing over Mail to us, or someone acting on our behalf, for Handling;
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Handling: means the receipt, sorting, transport and distribution of your Mail in accordance with the Contract;
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Mail Requirements: means the requirements your Mail must meet, including relating to size, weight, packaging etc. as set out at Common Rules about your Parcel;
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Mail: means any item you wish to send via one of the Services;
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Prohibited Items: means those items as set out at Prohibited and Dangerous Items;
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Receiver: means the person to whom your Mail is addressed;
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Services: means the services available on our website;
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Shipping Label: means the label we provide you and which you must attach to your Mail for the purpose of making a Deposit.
3 Orders
Art. 7 By clicking [Buy Now] you are placing an order for Services. We will accept your order when you have paid us in full and we inform you by email that we have accepted your order, at which point the Contract will come into existence.
Art. 8 If, for whatever reason, we are unable to accept your order, we will email to let you know and will refund you any amounts paid by you to us for that order.
Art. 9 We have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the Services.
Art. 10 We will provide the Services with reasonable care and skill and honour our obligation to provide Services which meet all legal requirements.
4 Price and Payment
Art. 11 The price you pay for the Services will be as set out on our website at the point at which you place your order.
Art. 12 You must pay us at the time you place your order. We accept payment by the methods as set out on our website.
5 Deposits
Art. 13 When placing your order, you will have chosen to either: have your Mail collected (Pickup); or to drop-off your Mail at your chosen drop-off location (Drop-Off).
Art. 14 If you have chosen Pickup, you must ensure your Mail is available for collection at the time as set out in your order. If you fail to allow us to collect your Mail at the correct time, we will contact you to let you know and you will have the option to either terminate the Contract (in which case Art. 56 will apply) or arrange a new collection time. If you wish to arrange a new collection time, you may be required to pay a surcharge. We will tell you what this surcharge will be when we contact you.
Art. 15 If you have chosen Drop-Off, you must ensure you drop-off your Mail within 15 calendar days from the date on which your order is accepted (or such other time period we may confirm in writing).
Art. 16 When providing your Mail to us (whether by Pickup or Drop-Off), you must ensure the Shipping Label is clearly attached to it.
Art. 17 If you realise that you have made a mistake when placing your order and need to amend the Shipping Label (e.g., the Receiver’s address, or the customs information you provided, is incorrect), please contact our customer services team (using the details on our website) who will be able to assist you. Please note that you will not be able to make changes to the Shipping Label at the Drop-Off location, or at the point at which your Mail is collected.
Art. 18 If we realise that there is a problem with the information contained on your Shipping Label, we will contact you to let you know and you will have the option to either: terminate the Contract (in which case Art. 56 will apply); allow us to make the required changes to the Shipping Label. If we make the required changes to the Shipping Label you may be required to pay a surcharge. We will tell you what this surcharge will be when we contact you.
Art. 19 You must ensure that your Mail meets the Mail Requirements and complies with all applicable laws and regulations. Your Mail should be packaged in appropriately sturdy packaging and in the smallest possible dimensions so that it will be protected from the ordinary transport risks associated with transportation (for example, damage from moving whilst in transit and being loaded/ off-loaded on to transportation vehicles).
Art. 20 If your Mail does not meet the Mail Requirements, then we will give you the option to either terminate the Contract (in which case Art. 56 will apply) or upgrade to a Service which can accommodate your Mail (in which case you will be required to pay the difference).
Art. 21 Please note that if we accept your Mail, it does not mean that we are in anyway acknowledging that it meets the Mail Requirements or those implied by law. This means that if we accept your Mail, you will still be liable to us under Art. 52.
Art. 22 We will become responsible for any loss or damage to your Mail from the point of Deposit and will continue to be so until we deliver the Mail to the Receiver (or otherwise Art. 43 applies). Our liability to you for loss or, or damage to, your Mail is as set out in Section 8.
Customs information
Art. 23 You understand and agree that you may be required, as part of the order process, to provide certain information relevant to customs clearances (including a commodity code) in respect of your Mail and its content if it is to be delivered to the European Union or to Northern Ireland. Relevant commodity codes can be found at https://www.gov.uk/trade-tariff.
Art. 24 As part of the order process, you will be required to confirm that the information you have provided to us relating to customs clearances (as referred to in Art. 23) is correct, accurate, complete and in accordance with applicable customs law and regulation.
Art. 25 We will deliver your Mail “delivered duty unpaid” which means that the Receiver will be required to pay any customs payments as may be due on your Mail, including all excise duties, charges, levies, taxes etc. as may apply in the country in which the Receiver is located.
Art. 26 You understand and agree that if the Receiver does not pay any customs payments as are due on your Mail, your Mail will not be delivered. See Art. 32 for information as to what might happen to your Mail in such circumstances.
Art. 27 You are responsible for ensuring the information you provide to us during the order process, including any commodity code, is correct, accurate and complete. See Art. 17 for how you can correct any errors once you have placed your order.
Art. 28 You understand and agree that failing to provide the correct customs information in respect of your Mail could cause you to be subject to fines, prosecution and/or enforcement action by relevant authorities. Further, in such circumstances you understand and agree that we could also be subject to fines, prosecution and/or enforcement action by relevant authorities and that you will be required to reimburse us, in full, for any costs or losses we incur or suffer as a result.
Art. 29 You further understand and agree that failing to provide correct and complete customs information in respect of your Mail (including its content) could prevent us from being able to deliver your Mail. See Art. 32 for information as to what might happen to your Mail in such circumstances.
Art. 30 You are, and will always, remain the importer/exporter of record of your Mail.
Art. 31 Without affecting any other right or remedy which may be available to us, if we become aware that you have provided us with incorrect or incomplete customs information in respect of your Mail, we have the right to terminate the Contract.
Art. 32 If your Mail cannot be delivered, either because the Receiver fails to pay any customs payment that may be due, or otherwise because you provided incorrect or incomplete customs information in respect of your Mail, depending on where the Receiver is located, your Mail may be returned to you, or it could be destroyed. We will have no liability to you in connection with any loss or damage to your Mail which arises from the Receiver failing to pay any customs payments or because you provided incorrect or incomplete customs information in respect of your Mail
Dangerous Goods and Prohibited Items
Art. 33 You must not send, or attempt to send, Mail which contains any Dangerous Goods or Prohibited Items.
Art. 34 You are responsible for ensuring that your Mail (including its contents and/or destination address) does not break any sanctions or trade rules. If we discover that your Mail does breach any sanction or trade rules, we may, at our option, do any of the following: (i) refuse to accept your Mail, or otherwise not deliver it; (ii) notify any relevant competent authority (e.g., police, customs authority etc.); or (iii) where we reasonably believe your Mail poses a risk of danger to people or to the environment, destroy your Mail. If we do any of these things, the Contract will be considered brought to an end and Art. 56 will apply. Information on sanctions can be found at http://www.gov.uk/guidance/uk-sanctions and failing to comply with sanctions and trade laws could lead to you being investigated and even prosecuted by the relevant authorities.
Art. 35 If your Mail contains (or we reasonably suspect it to contain) Dangerous Goods or a Prohibited Item then we may, at our option do any of the following: (i) refuse to accept your Mail, or otherwise not deliver it; (ii) notify any relevant competent authority (e.g., police, customs authority etc.); (iii) deliver the Mail but by a method different to that as set out in your order;(iv) put your Mail on hold for you to collect; (v) return your Mail to you; or (vi) where we reasonably believe your Mail poses a risk of danger to people or to the environment, destroy your Mail.
Art. 36 If we exercise any of our rights as set out in (i), (iv), (v) or (vi) above, the Contract will be considered brought to an end and Art. 56 will apply.
Art. 37 If we exercise our right as set out in Art. 35 (iii) we will contact you to let you know and you will have the option to either terminate the Contract (in which case Art. 56 will apply) or upgrade to a Service which can accommodate your Mail (in which case you will be required to pay the difference).
Art. 38 If we take any of the actions as set out above (other than under (iii)), we will refund you all amounts paid. However, we may deduct from such refund an administrative charge for Handling your Mail as well as our reasonable costs incurred in (as applicable) returning, holding or destroying, your Mail.
Art. 39 We reserve the right to inspect your Mail at any time whilst it is under our control. Such inspections maybe physical inspections, or by x-ray. Please note that your Mail may also be inspected by relevant authorities (e.g., customs authorities in the destination country).
6 Delivery
Art. 40 We will deliver your Mail within the delivery window as set out in your order.
Art. 41 Depending on the Service, we will return Mail that cannot be delivered to the Receiver to you. If we are unable to deliver your Mail because we have breached our obligations under the Contract, we will refund you all amounts paid. However, if we are unable to deliver your Mail because of something you have done (i.e., you failed to provide us with correct or complete information regarding your Mail) or because the Receiver failed to pay any customs payment as was due on the Mail, you will not be due any refund and we may charge you an administrative charge for Handling your Mail as well as our reasonable costs incurred in returning your Mail to you.
Art. 42 If we are unable to identify to where your Mail should be returned, you agree that we are allowed to open your Mail to check for additional information. If we are still unable to identify to where your Mail should be returned, then we will hold your Mail in storage for, depending on the Service, between three and six months.
Art. 43 After the storage time ends, you understand that your Mail may be destroyed or otherwise disposed of.
Art. 44 You agree, in order to minimise the likelihood of us being unable to deliver your Mail, to ensure that the Receiver’s address is precise and complete, in line with the address format of the destination country (at least name, street, house number, box no, postcode, city, country and, strongly recommended, telephone number and email address).
7 Delays outside of our control
Art. 45 If our delivery of your Mail is delayed by an event outside of our control (for example, customs strikes, bad weather, war, governmental restrictions), we will contact you as soon as possible and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay. However, if the delay is likely to be substantial, you can contact us, using the details set out in our website, and cancel your order. If you do this, we will refund you all amounts paid.
8 Liability
Liability of Landmark Global
Art. 46 We are responsible for losses you suffer caused by us breaking the Contract, unless that loss is: - unexpected, i.e., it was not obvious that it would happen and there was no reason that we should have expected it before accepting your order (so, in the law, the loss was unforeseeable); - caused by a delaying event outside of our control, as long as we have taken the steps set out in Art. 45; - avoidable, i.e., something you could have avoided by taking reasonable action (e.g., by following our instructions in connection with the sending of your Mail, including providing the correct and complete customs information); or - a business loss, i.e., a loss you suffer in connection with your trade, business, craft or profession.
Art. 47 If we lose or damage your Mail, and such loss or damage is our fault, we will pay you compensation as set out on rules on compensation.
Art. 48 The compensation we pay you shall be the full extent of our liability to you for the loss if, or damage to, your Mail.
Art. 49 If the compensation payable by us to you as referred to in Art. 47 does not meet the value of your Mail, you should purchase appropriate insurance from a third-party insurance company.
Art. 50 You understand and agree that we will not be liable to you (and will not pay you any compensation) for any loss or damage or late delivery caused by your Mail:
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not complying with the Mail Requirements;
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containing Dangerous Goods or a Prohibited Item;
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being held up in a customs clearance process, or being seized by a customs or governmental authority or any regulatory agencies;
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being received by someone who fraudulently misrepresents that they are the intended Receiver; or
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containing alcohol or other age restricted item or any harmful or illegal item.
Art. 51 Further, we will not pay you compensation for late delivery caused by a delaying event outside of our control (as long as we have taken the steps set out in Art. 45).
Art. 52 You agree that you will reimburse us any costs or losses we suffer or incur which result from you failing to comply with your obligations under the Contract or any applicable law or regulation.
9 Terminating the Contract
Art. 53 If we fail to provide the Services to you in accordance with the Contract you can terminate the Contract. If you do this, you may be due compensation from us.
Art. 54 You can also terminate the Contract under Art. 14, Art. 18, Art. 20, Art. 37 and Art. 45.
Art. 55 We can terminate the Contract if you are in breach of any of its terms. We can also terminate the Contract under Art. 31, Art. 34 or Art. 36.
Art. 56 If you terminate the Contract under Art. 14, Art. 18, Art. 20, Art. 37 or Art. 45 or we terminate the Contract under Art. 31, Art. 34 or Art. 36, we will refund you all amounts paid by you to us under the Contract. However, we may deduct from such refund an administrative charge to cover the costs we incur in dealing with the termination of the Contract (for example, Handling up to the point of termination and the reasonable costs we incur in returning, holding or destroying your Mail).
10 Personal Data
Art. 57 We will process your personal data in accordance with our data protection policy which can be found here
11 Other Important Terms
Art. 58 We may transfer our rights and obligations under the Contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
Art. 59 You cannot transfer your rights under the Contract to someone else in any circumstances.
Art. 60 The Contract is between you and us and no other person shall have any rights to enforce any of its terms.
Art. 61 Each of the articles in the Contract operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining articles will remain in full force and effect.
Art. 62 If we do not insist immediately that you do anything you are required to do under the Contract, or if we delay in taking steps against you in respect of you breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
12 Complaints and disputes
Art. 63 If you have a complaint about the Services, please contact our customer service team (using the details on our website) who will do their best to resolve any problems you have. In dealing with your complaint, we will follow our complaints policy, a copy of which is available under the “file a complaint section” at [INSERT URL].
Art. 64 You will have 60 calendar days from the date of Deposit to make your complaint to us. You will be required to provide us with proof of purchase and you will only be due compensation if it can be proved that the damage to your Mail was caused by us doing something in breach of the Contract. The amount of compensation due (if any) will be as set out on rules on compensation
Art. 65 We will confirm our initial acceptance or rejection of any complaint as soon as we can. However, please note that it may take us up to three months to provide a final response.
Art. 66 This Contract governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live.