These Terms apply to all purchases made by consumers through the official Hell Bunny retail website and any other retail sales channels operated by Hell Bunny unless otherwise agreed in writing.
Contents
1. About These Terms
2. Definitions
3. About Hell Bunny
4. Eligibility to Purchase
5. Products
6. Product Availability
7. Orders and Contract Formation
8. Prices
9. Promotional Offers and Discount Codes
10. Payment
11. Fraud Prevention and Order Verification
12. Delivery
13. International Orders, Customs and Taxes
14. Consumer Cancellation Rights
15. Returns
16. Faulty Goods and Consumer Rights
17. Product Care
18. Gift Cards
19. Intellectual Property
20. Brand Protection
21. Website and Digital Services
22. Reviews and User Generated Content
23. Data Protection
24. Limitation of Liability
25. Force Majeure
26. General Legal Provisions
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About These Terms
1.1 These Retail Terms and Conditions of Sale ("Terms") govern the sale of Goods by Hell Bunny, a retail brand operated by Popsoda Limited, to consumers purchasing through the official Hell Bunny website and any other authorised retail sales channel operated by or on behalf of Hell Bunny.
1.2 These Terms apply to all Orders placed through the Website or any other retail sales platform operated by or on behalf of Hell Bunny from time to time.
1.3 By placing an Order, creating an account, or purchasing Goods, you confirm that you have read, understood and agree to be bound by these Terms.
1.4 These Terms do not affect your statutory rights under applicable consumer protection legislation, including the Consumer Rights Act 2015.
1.5 These Terms supersede all previous versions of Hell Bunny retail terms and conditions.
2. Definitions and Interpretation
In these Terms, the following words and expressions shall have the meanings set out below.
Consumer means an individual acting wholly or mainly for purposes outside their trade, business, craft or profession.
Contract means the legally binding agreement between Hell Bunny and the Customer for the sale of the Goods, incorporating these Terms.
Customer, you or your means the Consumer placing an Order for Goods.
Delivery means completion of delivery in accordance with these Terms.
Goods means any clothing, footwear, accessories, gift items, promotional products or other merchandise sold by Hell Bunny through the Website.
Intellectual Property Rights means all copyright, trademarks, registered and unregistered designs, design rights, patents, database rights, know-how, trade secrets, domain names, business names, logos, artwork, photographs, product descriptions and any other intellectual property rights owned, licensed or controlled by Hell Bunny or Popsoda Limited.
Order means a request submitted by the Customer to purchase Goods from Hell Bunny.
Personal Data has the meaning given in applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR).
Price means the price payable for the Goods shown on the Website at the time your Order is accepted, excluding any delivery charges unless expressly stated otherwise.
Hell Bunny, we, our or us, means Popsoda Limited, a company registered in England and Wales (Company Number 04933008), trading as Hell Bunny.
Website means the official Hell Bunny retail website and any other online retail platform operated by Hell Bunny from time to time.
Working Day means any day other than a Saturday, Sunday or public holiday in England when banks are open for business.
Writing includes email and other electronic communications capable of being retained for future reference but excludes text messages, social media messaging and instant messaging applications unless expressly agreed otherwise by Hell Bunny.
3. About Hell Bunny
3.1 About Us
Hell Bunny is a retail brand owned and operated by Popsoda Limited, a company incorporated and registered in England and Wales under company number 04933008, whose registered office is at 48–50 Fowler Road, Hainault Business Park, Ilford, Essex, IG6 3UT.
Throughout these Terms, references to Hell Bunny, we, our and us mean Popsoda Limited trading under the Hell Bunny brand.
3.2 VAT Registration
Popsoda Limited is registered for Value Added Tax in the United Kingdom under VAT Registration Number GB 626 2366 44.
3.3 Contacting Us
If you need to contact us regarding an Order, Delivery, return, refund, complaint or any other enquiry, you should use the contact details published on the official Hell Bunny website.
Hell Bunny may update its contact details from time to time without affecting the validity of these Terms.
3.4 Our Website
These Terms apply to purchases made through the official Hell Bunny retail website and any other authorised retail sales channels operated by Hell Bunny from time to time.
References within these Terms to the Website include any mobile version, mobile application or other online retail platform operated by Hell Bunny.
3.5 Customer Service
Our Customer Services team will endeavor to assist with enquiries relating to Orders, Deliveries, returns, refunds and product information during our published business hours.
3.6 Brand Information
Hell Bunny is a registered trademark. All rights in the Hell Bunny name, logos, product names, artwork, photography, designs, graphics, website content and associated intellectual property are owned by or licensed to Popsoda Limited. Nothing in these Terms grants any license or right to use such intellectual property except as necessary to purchase the Goods.
4. Eligibility to Purchase
4.1 Goods sold through the Hell Bunny retail website are intended for purchase by consumers acting for personal use and not for resale or commercial purposes.
4.2 By placing an Order, you confirm that:
a) you are at least eighteen (18) years of age, or, if you are under eighteen (18), you have obtained the permission of your parent or legal guardian to place the Order;
b) you are legally capable of entering into a binding contract;
c) all information you provide is complete, accurate and up to date;
d) you are authorised to use the payment method provided;
e) where applicable, the billing address and delivery address supplied are accurate; and
f) you will comply with all applicable laws relating to the purchase, importation and use of the Goods.
4.3 Hell Bunny reserves the right to refuse, restrict or cancel any Order where it reasonably believes that:
a) fraudulent or unlawful activity has occurred or is suspected;
b) false, misleading or incomplete information has been provided;
c) the Order has been placed for commercial resale or unauthorised distribution;
d) the Order breaches these Terms;
e) the Order has been generated using automated purchasing software, bots or similar technologies;
f) acceptance of the Order would expose Hell Bunny to legal, regulatory or commercial risk; or
g) Hell Bunny is otherwise unable to fulfil the Order.
4.4 Hell Bunny may request additional information to verify your identity, payment details, age or other information reasonably required to process an Order. Failure to provide the requested information within a reasonable time may result in the Order being delayed or cancelled.
4.5 You are responsible for ensuring that your account details, contact information and delivery information remain accurate and up to date.
4.6 Hell Bunny reserves the right to limit the quantity of Goods purchased by any Customer where it reasonably believes that:
a) multiple Orders have been placed to circumvent purchase limits;
b) the Goods are being purchased for resale without Hell Bunny’s consent;
c) the Order relates to a limited edition, exclusive collection or high-demand product launch; or
d) such restrictions are necessary to ensure the fair allocation of available stock.
4.7 Hell Bunny reserves the right to combine, split, delay or cancel multiple Orders placed by the same Customer, or which appear to be connected, where it reasonably believes this is necessary to prevent fraud, abuse of promotional offers, circumvention of purchase limits or unauthorised resale.
4.8 Hell Bunny reserves the right to refuse service to any person who abuses, threatens or behaves in a manner that is offensive towards Hell Bunny's employees, representatives or customer service team.
4.9 Nothing in this Section affects your statutory rights under applicable consumer protection legislation.
4.10 Hell Bunny reserves the right to refuse Orders from distributors, resellers, buying groups or any person purchasing Goods for onward commercial sale without Hell Bunny's prior written consent.
5. Products
5.1 Hell Bunny offers a range of clothing, footwear, accessories, gift items and other merchandise through the Website. All Goods are subject to availability and may be withdrawn, discontinued or amended at any time without prior notice.
5.2 Hell Bunny makes every reasonable effort to ensure that product descriptions, specifications, sizing information, measurements, images and pricing displayed on the Website are accurate at the time of publication. However, errors or omissions may occasionally occur, and Hell Bunny reserves the right to correct such errors without incurring liability.
5.3 Product images, colours, prints, finishes and other visual representations are provided for illustrative purposes only. Whilst Hell Bunny makes every effort to display Goods accurately, the appearance of Goods may vary depending on factors including screen settings, device displays, lighting conditions and manufacturing tolerances.
5.4 Measurements, dimensions and sizing information are provided as a guide only. Minor variations may occur between individual garments or production batches and shall not constitute a defect.
5.5 Unless expressly stated otherwise, accessories, props, footwear, jewellery or other items shown in product photography are not included with the Goods and are displayed for styling purposes only.
5.6 Hell Bunny reserves the right to amend, improve, redesign, repackage or discontinue any Goods at any time without prior notice, provided that any such changes do not materially affect Goods already accepted as part of a Contract.
5.7 Goods are supplied for personal use by consumers and are not represented as being suitable for any particular purpose unless expressly stated on the Website.
5.8 Customers are responsible for selecting the appropriate size, colour, style and quantity of Goods before placing an Order. Hell Bunny recommends referring to the published sizing guides before completing a purchase.
5.9 Nothing in this Section limits or excludes any statutory rights available to consumers under applicable consumer protection legislation.
6. Product Availability
6.1 All Goods are offered for sale subject to availability. The display of Goods on the Website does not guarantee that they are available for purchase or immediate dispatch.
6.2 Adding Goods to your shopping basket does not reserve those Goods. Goods remain available for purchase by other Customers until your Order has been accepted by Hell Bunny.
6.3 Stock availability displayed on the Website is provided for guidance only and may change at any time due to customer purchases, inventory updates, system processing, stock reconciliations or other operational reasons.
6.4 Whilst Hell Bunny uses reasonable endeavours to maintain accurate stock levels, inventory discrepancies may occasionally occur. Where Goods become unavailable after an Order has been placed but before a Contract is formed, Hell Bunny may refuse or cancel the Order and will refund any payment received in respect of the unavailable Goods.
6.5 Where a Contract has already been formed and Hell Bunny is subsequently unable to supply all or part of an Order due to circumstances beyond its reasonable control, Hell Bunny may:
a) cancel the affected part of the Order and issue an appropriate refund;
b) offer, but not require the Customer to accept, a suitable alternative product, which the Customer may accept or decline; or
c) contact the Customer to agree an alternative solution.
6.6 Hell Bunny may, from time to time, offer Goods on a pre-order basis. Any estimated availability or dispatch dates provided for pre-order Goods are estimates only and may be amended without prior notice.
6.7 Hell Bunny reserves the right to restrict, suspend or withdraw the sale of any Goods at any time where this is reasonably necessary for commercial, legal, regulatory, operational or safety reasons.
6.8 Hell Bunny may impose purchase limits on selected Goods, including limited edition products, exclusive collections, product launches, collaborations or promotional items, in order to promote fair purchasing opportunities, protect stock availability and reduce the risk of unauthorised resale.
6.9 Hell Bunny reserves the right to refuse, cancel or amend Orders where it reasonably believes that multiple Orders have been placed to circumvent purchase limits or where Goods are being acquired for unauthorised resale.
6.10 Hell Bunny shall not be liable for the unavailability of any Goods, provided that this does not affect the Customer's statutory rights or any obligation to refund sums properly due.
6.11 Nothing in this Section affects your statutory rights under applicable consumer protection legislation.
6.12 Hell Bunny may limit the availability of certain Goods to specified countries or regions and reserves the right to withdraw products from sale in particular territories where required for legal, regulatory, licensing, commercial or logistical reasons.
6.13 Unless expressly stated otherwise, Hell Bunny does not accept backorders. Where Goods are unavailable, Customers will be invited to place a new Order if and when the Goods become available.
6.14 During periods of exceptionally high demand, including product launches, promotional events and seasonal sales, dispatch and delivery times may be longer than those normally advertised. Hell Bunny will use reasonable endeavours to minimise delays but shall not be liable for delays caused by increased order volumes.
7. Orders and Contract Formation
7.1 The display of Goods on the Website constitutes an invitation to treat and does not constitute a binding offer capable of acceptance.
7.2 By placing an Order, you are making an offer to purchase the selected Goods in accordance with these Terms.
7.3 Following submission of an Order, Hell Bunny will normally send an acknowledgement confirming that your Order has been received. This acknowledgement is provided for information only and does not constitute acceptance of your Order.
7.4 A Contract between you and Hell Bunny is formed only when Hell Bunny confirms that your Order has been accepted by issuing a Dispatch Confirmation or other written confirmation that the Goods have been dispatched.
7.5 Hell Bunny reserves the right to refuse or cancel any Order before a Contract is formed, including where:
a) the Goods are unavailable;
b) payment cannot be authorised or has failed;
c) fraudulent, unlawful or suspicious activity is suspected;
d) incorrect pricing, product information or other errors have occurred on the Website;
e) additional verification requested under these Terms has not been provided;
f) the Order breaches these Terms;
g) the Goods cannot lawfully be supplied to the delivery destination;
h) circumstances arise which prevent Hell Bunny from fulfilling the Order; or
i) acceptance of the Order would expose Hell Bunny to legal, regulatory, operational or commercial risk.
7.6 Where Hell Bunny refuses or cancels an Order before a Contract is formed, any payment received in respect of that Order will be refunded using the original payment method as soon as reasonably practicable.
7.7 Hell Bunny reserves the right to correct clerical, typographical, pricing, technical or administrative errors at any time before a Contract is formed, even where an Order acknowledgement has been issued.
7.8 Orders may only be amended or cancelled before dispatch by contacting Customer Services. Hell Bunny will use reasonable endeavours to accommodate such requests but cannot guarantee that amendments or cancellations will be possible once an Order has entered the fulfilment process.
7.9 Hell Bunny may contact you where additional information is reasonably required to process or verify an Order. Failure to respond within a reasonable time may result in the Order being delayed or cancelled.
7.10 Where an Order contains multiple Goods, Hell Bunny may accept or reject the Order in whole or in part. If only part of an Order is accepted, a Contract shall exist only in respect of the Goods accepted for dispatch.
7.11 Hell Bunny may, where reasonably necessary, refuse to accept future Orders from Customers who have repeatedly breached these Terms, abused the returns process, engaged in fraudulent activity or otherwise misused the Website or purchasing process.
7.12 Nothing in this Section affects your statutory rights under applicable consumer protection legislation.
8. Prices
8.1 All Prices displayed on the Website are shown in the currency applicable to the Website or delivery destination and include Value Added Tax (VAT) where required by applicable law, unless expressly stated otherwise.
8.2 Delivery charges, customs duties, import taxes and any other applicable charges are not included in the Price unless expressly stated at checkout. Any such charges will be displayed separately before you complete your Order where applicable.
8.3 Hell Bunny reserves the right to amend Prices at any time without prior notice. Any change in Price shall not affect an Order that has already been accepted and for which a Contract has been formed.
8.4 Whilst Hell Bunny uses reasonable care to ensure that Prices and product information displayed on the Website are accurate, pricing, typographical, technical or administrative errors may occasionally occur.
8.5 Where an obvious pricing error or other material error has occurred, Hell Bunny reserves the right to refuse or cancel the affected Order before a Contract is formed, even where an Order acknowledgement has been issued. Any payment received will be refunded using the original payment method as soon as reasonably practicable.
8.6 Where a pricing error is discovered after a Contract has been formed, Hell Bunny will comply with its legal obligations under applicable consumer protection legislation.
8.7 Prices displayed on the Website may differ from prices advertised through third-party retailers, marketplaces, promotional events or other sales channels. Hell Bunny is under no obligation to match or honour prices offered by any third party unless expressly stated.
8.8 Promotional prices, introductory offers, sale prices and other temporary discounts are available only for the period specified and may be amended or withdrawn in accordance with their applicable terms.
8.9 Hell Bunny is not responsible for pricing errors, currency conversion rates, exchange rate fluctuations, bank charges or fees applied by payment providers or financial institutions.
8.10 Nothing in this Section affects your statutory rights under applicable consumer protection legislation.
8.11 Unless Hell Bunny expressly advertises a price matching promotion, Hell Bunny does not offer price matching and is under no obligation to match prices offered by any other retailer or sales channel.
8.12 Hell Bunny reserves the right to correct any promotional, discount or voucher error arising from technical faults, system errors or administrative mistakes before a Contract is formed.
9. Promotional Offers and Discount Codes
9.1 Hell Bunny may, from time to time, offer promotional discounts, voucher codes, promotional campaigns, introductory offers, loyalty programmes, loyalty rewards, referral incentives or other promotional benefits ("Promotions"). All Promotions are subject to these Terms together with any additional terms applicable to the relevant Promotion.
9.2 Unless expressly stated otherwise:
a) Promotions cannot be used in conjunction with any other Promotion, voucher, discount or offer;
b) only one Promotion may be used per Order;
c) Promotions have no cash value and cannot be exchanged for cash, credit or any other benefit;
d) Promotions are personal to the recipient and may not be sold, transferred or otherwise exchanged; and
e) Promotions may only be redeemed during the validity period specified by Hell Bunny.
9.3 Hell Bunny reserves the right to exclude selected Goods, product ranges, brands, gift cards, digital products, collaborations, limited edition products, clearance lines, pre-order items or promotional items from any Promotion.
9.4 Where a Promotion is subject to a minimum spend requirement, the qualifying spend shall exclude delivery charges, gift cards and any other excluded items specified in the applicable Promotion.
9.5 If Goods purchased using a Promotion are returned and the return causes the Order to no longer satisfy the Promotion's qualifying conditions; Hell Bunny reserves the right to:
a) adjust the refund to reflect the value of the Promotion applied;
b) deduct any discount that would no longer have applied; or
c) recalculate the Order value in accordance with the applicable Promotion.
9.6 Hell Bunny reserves the right to refuse, cancel or withdraw any Promotion, voucher or discount where it reasonably believes that:
a) it has been obtained fraudulently;
b) it has been used contrary to these Terms or the Promotion's conditions;
c) a technical, administrative or pricing error has occurred;
d) automated systems, bots or other unauthorised methods have been used;
e) multiple customer accounts have been created to obtain additional discounts; or
f) the Promotion has otherwise been abused.
9.7 Promotional codes must be entered during checkout and cannot normally be applied retrospectively after an Order has been placed.
9.8 Hell Bunny reserves the right to amend, suspend or withdraw any Promotion at any time where reasonably necessary for commercial, legal, regulatory or operational reasons. This shall not affect Orders where a Contract has already been formed, and the Promotion has been validly applied.
9.9 Hell Bunny shall not be responsible where a Promotion cannot be redeemed due to technical issues, internet connectivity problems, device incompatibility or circumstances outside Hell Bunny's reasonable control.
9.10 Any attempt to manipulate, exploit or circumvent the operation of a Promotion may result in:
a) cancellation of the affected Order;
b) withdrawal of the Promotion;
c) suspension or closure of the Customer's account; and/or
d) refusal of future Orders where reasonably justified.
9.11 Where Hell Bunny operates a loyalty programme, rewards programme or similar customer incentive scheme:
a) participation shall be subject to any separate terms and conditions applicable to that programme;
b) Hell Bunny reserves the right to amend, suspend or withdraw the programme, or any rewards, benefits or points available under it, where reasonably necessary for commercial, legal, regulatory or operational reasons;
c) loyalty rewards, points or benefits shall have no cash value unless expressly stated otherwise;
d) loyalty rewards, points or benefits may not be transferred, sold or exchanged except where expressly permitted by Hell Bunny; and
e) termination or amendment of a loyalty programme shall not affect any statutory rights of Customers.
9.12 Hell Bunny's decision regarding the interpretation, operation and eligibility of any Promotion shall be final, provided that such decision is exercised reasonably and does not affect the Customer's statutory rights.
9.13 Nothing in this Section affects your statutory rights under applicable consumer p rotection legislation.
10. Payment
10.1 Hell Bunny accepts payment using the payment methods displayed on the Website at the time an Order is placed. Available payment methods may be changed, added or withdrawn at any time without prior notice.
10.2 By placing an Order, you confirm that you are authorised to use the selected payment method and that all payment information provided is accurate, complete and up to date.
10.3 Payment must be successfully authorised before Goods are dispatched. Hell Bunny shall not be obliged to accept or fulfil any Order until payment has been successfully processed.
10.4 Where payment authorisation is declined, reversed, cancelled or otherwise fails, Hell Bunny reserves the right to refuse, suspend or cancel the affected Order before a Contract is formed.
10.5 Hell Bunny uses third-party payment service providers to process payments securely. Hell Bunny does not store full payment card details and is not responsible for the operation, availability or security of third-party payment providers.
10.6 If a payment is subject to verification, security checks or fraud prevention procedures, dispatch may be delayed until those checks have been satisfactorily completed.
10.7 Hell Bunny reserves the right to refuse Orders where payment irregularities, chargeback abuse, fraudulent activity or other suspicious circumstances are reasonably suspected.
10.8 If a payment is charged in a currency different from that of your payment account, your card issuer or payment provider may apply exchange rates, currency conversion charges or other fees. Hell Bunny has no control over and accepts no responsibility for such charges.
10.9 Where a refund is due, Hell Bunny will normally issue the refund using the original payment method unless otherwise required by law or agreed with the Customer.
10.10 Hell Bunny reserves the right to introduce, remove or amend payment methods, instalment payment options, digital wallets, buy-now-pay-later services or other payment technologies from time to time without prior notice.
10.11 Nothing in this Section affects your statutory rights under applicable consumer protection legislation.
10.12 Where the Website allows Customers to save payment methods for future purchases, such functionality is provided by Hell Bunny's authorised payment service providers. Customers remain responsible for maintaining the security of their account credentials and notifying Hell Bunny promptly of any suspected unauthorised use.
10.13 Where Hell Bunny offers instalment payment services, deferred payment options or buy-now-pay-later facilities, such services are provided by independent third-party finance providers and are subject to the provider's own terms, conditions and approval criteria. Hell Bunny is not responsible for any lending decisions or finance agreements entered into between the Customer and the relevant provider.
11. Fraud Prevention and Order Verification
11.1 Hell Bunny is committed to protecting its Customers, employees and business from fraudulent, unlawful and unauthorised activity. To assist in achieving this, Hell Bunny may carry out fraud prevention, identity verification and payment security checks before accepting or dispatching an Order.
11.2 By placing an Order, you authorise Hell Bunny to undertake such checks as it r easonably considers necessary to verify:
a) your identity;
b) your payment details;
c) you’re billing and delivery information;
d) your eligibility to use the selected payment method; and
e) any other information reasonably required to process the Order securely.
11.3 Hell Bunny may request additional documentation or information where reasonably necessary to verify an Order, including proof of identity, proof of address or confirmation from the payment card holder. Failure to provide the requested information within a reasonable time may result in the Order being delayed or cancelled.
11.4 Hell Bunny reserves the right to refuse, suspend or cancel any Order where it reasonably believes that:
a) fraudulent or unlawful activity has occurred or is suspected;
b) false, misleading or inaccurate information has been provided;
c) payment has been declined, reversed or cannot be verified;
d) multiple customer accounts have been created for improper purposes;
e) automated purchasing software, bots or other unauthorised technologies have been used;
f) the Order forms part of an unusual or suspicious purchasing pattern;
g) the delivery address, parcel forwarding service, freight forwarding company or destination presents an increased fraud, security or commercial risk; or
h) acceptance of the Order would expose Hell Bunny to legal, regulatory, financial or operational risk.
(i) multiple unsuccessful payment attempts have been made in connection with the Order or Customer account.
(j) the Order involves quantities of Goods which Hell Bunny reasonably believes indicate commercial resale or other unauthorised activity.
11.5 Hell Bunny reserves the right to delay dispatch whilst fraud prevention or security checks are being completed.
11.6 Where reasonably necessary for fraud prevention purposes, Hell Bunny may restrict or refuse requests to amend delivery addresses, delivery methods or other material Order details after an Order has been placed.
11.7 Hell Bunny may use third-party fraud prevention, identity verification and payment security providers when processing Orders. Information may be shared with such providers where reasonably necessary for fraud prevention, subject to applicable data protection legislation and Hell Bunny's Privacy Policy.
11.8 Where Hell Bunny reasonably suspects fraudulent activity, attempted fraud, abuse of these Terms or misuse of the Website, Hell Bunny may:
a) cancel the affected Order;
b) refuse future Orders;
c) suspend or close any Customer account;
d) retain relevant records for fraud prevention purposes;
e) report suspected unlawful activity to payment providers, financial institutions, law enforcement agencies or other appropriate authorities where legally permitted or required; and
f) take any other action reasonably necessary to protect Hell Bunny, its customers or its business.
g) refuse future Orders where a Customer has initiated fraudulent, abusive or unjustified chargebacks or payment disputes.
11.9 Hell Bunny's fraud prevention procedures are confidential. Hell Bunny is not required to disclose the specific reasons for any fraud-related decision where doing so could prejudice fraud prevention measures or legal obligations.
11.10 Nothing in this Section affects your statutory rights under applicable consumer protection legislation.
11.11 Hell Bunny may use automated systems, artificial intelligence or machine-learning technologies, together with human review where appropriate, to assist in detecting fraudulent or suspicious activity. Any such processing will be carried out in accordance with applicable data protection legislation and Hell Bunny's Privacy Policy.
11.12 Hell Bunny may take into account information relating to previous Orders, Customer accounts, devices, internet protocol (IP) addresses, browsers or other technical identifiers where reasonably necessary to detect fraudulent or suspicious activity, in accordance with applicable data protection legislation.
12. Delivery
12.1 Hell Bunny will use reasonable endeavours to dispatch Orders within the estimated times displayed on the Website. All delivery and dispatch times are estimates only and are not guaranteed unless expressly agreed otherwise.
12.2 Hell Bunny may use one or more third-party delivery providers to deliver Goods. The choice of delivery provider shall be at Hell Bunny's discretion unless an alternative option is expressly offered during checkout.
12.3 Delivery charges, estimated delivery times and available delivery services will be displayed during the checkout process and may vary depending on the destination, selected delivery option and the Goods ordered.
12.4 Delivery shall be deemed to have taken place when the Goods are delivered to the delivery address provided by the Customer or otherwise made available in accordance with the delivery instructions accepted by the delivery provider.
12.5 The Customer is responsible for ensuring that the delivery address, contact details and any delivery instructions provided are complete and accurate. Hell Bunny shall not be responsible for delays, failed deliveries or additional costs arising from incorrect or incomplete information supplied by the Customer.
12.6 Where delivery cannot be completed due to the Customer's actions or omissions, including failure to accept delivery, failure to collect Goods from a collection point or provision of an incorrect delivery address, Hell Bunny reserves the right to:
a) charge any additional delivery or redelivery costs incurred;
b) cancel the Order in accordance with these Terms;
c) deduct any reasonable costs incurred before issuing any refund where permitted by law; or
d) dispose of or otherwise deal with uncollected Goods where permitted by applicable law.
12.7 Hell Bunny may deliver an Order in separate consignments where reasonably necessary. Each delivery shall constitute part performance of the Contract and shall not entitle the Customer to reject the entire Order.
12.8 Delivery may be delayed due to factors outside Hell Bunny's reasonable control, including adverse weather, customs inspections, industrial action, transportation disruption, public holidays, high order volumes, product launches, carrier delays or other events beyond Hell Bunny's reasonable control. Such delays shall not constitute a breach of these Terms.
12.9 Risk in the Goods passes to the Customer upon Delivery. Ownership of the Goods passes to the Customer once Hell Bunny has received payment in full for the Goods and any applicable delivery charges.
12.10 International deliveries may be subject to customs inspections, import duties, taxes, local charges or other regulatory requirements imposed by the destination country. Unless expressly stated otherwise by Hell Bunny, the Customer is responsible for such charges.
12.11 Hell Bunny reserves the right to refuse delivery to any destination where delivery would be unlawful, impracticable, commercially unreasonable or prohibited by a delivery provider or applicable law.
12.12 Where tracking information is available, Hell Bunny will normally provide tracking details after dispatch. The availability and accuracy of tracking information is dependent upon the relevant delivery provider.
12.13 Customers should inspect the Goods as soon as reasonably practicable after Delivery and notify Hell Bunny promptly if Goods are missing, damaged or delivered in error. Nothing in this clause affects the Customer's statutory rights.
12.14 If Goods are lost in transit, Hell Bunny will investigate the matter with the relevant delivery provider and, where appropriate, provide a replacement, refund or other suitable remedy in accordance with applicable consumer protection legislation.
12.15 Hell Bunny may introduce or withdraw delivery services, delivery options, collection services or delivery territories from time to time without prior notice.
12.16 Nothing in this Section affects your statutory rights under applicable consumer protection legislation.
12.17 Where the Customer instructs or authorises the delivery provider to leave the Goods in a safe place, with a neighbour or at another alternative location, Delivery shall be deemed to have taken place once the Goods have been delivered in accordance with those instructions. Hell Bunny shall not be responsible for any loss, theft or damage occurring after Delivery has taken place.
12.18 Where Hell Bunny offers collection services, including Click & Collect, such services shall be subject to any additional collection instructions or terms communicated at the time of purchase.
12.19 Where the Customer refuses delivery of Goods without a lawful reason or fails to take reasonable steps to accept Delivery, Hell Bunny reserves the right to deduct any reasonable costs incurred for return carriage, storage or administration from any refund where permitted by applicable law.
12.20 Where Goods are returned to Hell Bunny because they were not collected within the delivery provider's specified collection period, Hell Bunny may require payment of any reasonable redelivery costs before dispatching the Goods again.
13. International Orders, Customs and Taxes
13.1 Hell Bunny may make Goods available for purchase in selected countries outside the United Kingdom. The countries to which Hell Bunny delivers, together with the available delivery options, may change from time to time without prior notice.
13.2 Unless expressly stated otherwise at the time of purchase, international Orders may be subject to import duties, customs duties, taxes, brokerage fees, clearance charges or other governmental charges imposed by the destination country. The Customer is responsible for paying such charges.
13.3 The Customer is responsible for complying with all applicable laws, regulations and import requirements of the destination country. Hell Bunny accepts no responsibility where Goods cannot lawfully be imported into the destination country.
13.4 International Orders may be delayed due to customs inspections, border controls, regulatory checks or other governmental processes outside Hell Bunny's reasonable control. Such delays shall not constitute a breach of these Terms.
13.5 Where customs authorities, border agencies or other governmental bodies require additional information from the Customer to complete customs clearance, the Customer is responsible for providing such information promptly.
13.6 Where an international Order is refused, abandoned, destroyed, confiscated or returned because:
a) import duties or taxes have not been paid;
b) the Customer fails to provide required customs information;
c) local import restrictions apply;
d) delivery cannot lawfully be completed; or
e) the Customer refuses to accept the Goods;
f) the Customer fails to respond within a reasonable time to requests from customs authorities or the delivery provider required to complete delivery.
Hell Bunny reserves the right to deduct any reasonable costs incurred, including return carriage, customs charges, storage charges or administrative costs, from any refund where permitted by applicable law.
13.7 Hell Bunny may include such information on customs declarations, invoices or shipping documentation as is required by applicable law or customs authorities.
13.8 Hell Bunny reserves the right to refuse or cancel Orders where export controls, trade sanctions, embargoes or other legal restrictions prohibit or materially restrict the sale or delivery of the Goods.
13.9 Where Hell Bunny operates customs or tax collection schemes, including import tax collection services or similar programmes, additional terms may apply and will be communicated during the checkout process where relevant.
13.10 Hell Bunny may amend its international delivery arrangements, customs procedures or tax collection processes where reasonably necessary to comply with changes in applicable law, customs requirements or taxation rules.
13.11 Nothing in this Section affects your statutory rights under applicable consumer protection legislation.
13.12 Hell Bunny will comply with all applicable customs, taxation and export laws and will not alter customs declarations, undervalue Goods or inaccurately describe shipments at the Customer's request.
14. Consumer Cancellation Rights
14.1 If you are a Consumer purchasing Goods online, you generally have the legal right to cancel your Contract within 14 days without giving any reason, subject to the exceptions set out in these Terms and applicable law.
14.2 The cancellation period expires 14 days after the day on which you, or a person identified by you (other than the carrier), takes physical possession of the Goods. Where an Order is delivered in multiple consignments, the cancellation period begins when the final item is delivered.
14.3 To exercise your statutory right to cancel, you must notify Hell Bunny before the cancellation period expires. You may do so by contacting Customer Services using the contact details provided on the Website, by using any online cancellation or withdrawal facility made available by Hell Bunny, including any withdrawal button where applicable, or by any other clear statement of your decision to cancel. You may use any model cancellation form provided by Hell Bunny, but you are not required to do so.
(a) Where Hell Bunny provides an electronic cancellation or withdrawal facility, Submission of a cancellation request through such a facility acknowledges the Customer's request but does not of itself constitute acceptance of the cancellation, approval of a return or confirmation of any refund. Hell Bunny will acknowledge receipt of the request and process it in accordance with these Terms and applicable law.
14.4 Once you have notified Hell Bunny of your cancellation, you must return the Goods without undue delay and, in any event, no later than 14 days after notifying us of your decision to cancel.
14.5 Unless Hell Bunny expressly agrees otherwise or applicable law requires otherwise, you are responsible for the direct cost of returning the Goods.
14.6 You must take reasonable care of the Goods whilst they are in your possession. You may inspect and handle the Goods only to the extent necessary to establish their nature, characteristics and functioning, as you would be permitted to do in a retail shop.
14.7 If the value of the Goods has been diminished because they have been handled beyond what is reasonably necessary to inspect them, Hell Bunny may reduce the amount of any refund to reflect the loss in value, as permitted by applicable law.
14.8 Subject to receiving the returned Goods or satisfactory evidence that they have been sent back (whichever occurs first), Hell Bunny will issue any refund due without undue delay and, in any event, within 14 days of receiving the cancellation notice or the returned Goods, as required by applicable law.
14.9 Refunds will normally be made using the same payment method used for the original transaction unless you expressly agree otherwise.
14.10 Where the entire Order is cancelled, Hell Bunny will also refund the standard delivery charge paid for the Order. Any additional charge paid for premium, express or enhanced delivery services is not refundable except where required by law.
14.11 You may cancel all or part of an Order. Where only part of an Order is cancelled, any refund will relate only to the cancelled Goods and any associated delivery costs as required by applicable law.
14.12 The statutory right to cancel does not apply where an exemption under applicable law applies, including (where relevant):
a) Goods made to your specification or clearly personalised;
b) sealed Goods which are not suitable for return for health protection or hygiene reasons once unsealed;
c) sealed audio, video or software products once unsealed;
d) Goods which, by their nature, become inseparably mixed with other items after delivery; or
e) any other Goods, services or digital content for which the statutory right to cancel does not apply under applicable law.
14.13 Where Hell Bunny supplies digital content or other digital products in the future, cancellation rights shall apply in accordance with applicable consumer protection legislation and any additional terms communicated at the time of purchase.
14.14 Where cancellation or return of Goods affects eligibility for a promotional offer, bundle discount or multi-buy promotion, Hell Bunny reserves the right to recalculate the Order total and adjust any refund accordingly, provided such adjustment complies with applicable law.
14.15 Hell Bunny may introduce, amend or withdraw online cancellation tools, self-service portals, mobile application functionality or other electronic methods for exercising statutory cancellation rights, provided that Customers continue to have a legally compliant means of exercising those rights.
14.16 Hell Bunny may amend its policies, procedures, online processes and Website functionality from time to time where reasonably necessary to comply with changes in applicable law, regulatory guidance or industry standards. Such changes shall not affect any mandatory consumer rights.
14.17 Nothing in this Section affects your statutory rights relating to faulty, misdescribed or non-conforming Goods under the Consumer Rights Act 2015 or any other applicable legislation.
15. Returns
15.1 This Section applies to the return of Goods to Hell Bunny, whether pursuant to your statutory rights, Hell Bunny's voluntary returns policy or any other rights available under these Terms or applicable law.
15.2 Hell Bunny may require Customers to initiate a return through the Website, an online returns portal, Customer Services or any other return process made available from time to time. Customers should follow the applicable return instructions provided by Hell Bunny.
15.3 Unless otherwise stated by Hell Bunny or required by applicable law, returned Goods must:
a) be returned in a clean condition;
b) include all original accessories, tags, labels and packaging where reasonably possible;
c) not have been altered, damaged or used beyond what is reasonably necessary to inspect them; and
d) be securely packaged to minimise the risk of damage during transit.
15.4 Hell Bunny reserves the right to inspect all returned Goods before processing any refund, exchange, replacement or other remedy.
15.5 Where returned Goods are found to be damaged, incomplete, excessively handled, worn beyond reasonable inspection or otherwise returned in a condition inconsistent with these Terms, Hell Bunny may:
a) reduce any refund where permitted by applicable law;
b) refuse a goodwill return where no statutory right exists;
c) return the Goods to the Customer; or
d) take any other action permitted by applicable law.
15.6 Goods which are excluded from return under applicable law or these Terms, including personalised Goods or Goods excluded for health protection or hygiene reasons once unsealed, may not be eligible for return unless faulty or otherwise required by law.
15.7 Where Hell Bunny offers exchanges, store credit or alternative remedies beyond a customer’s statutory rights, such arrangements are entirely voluntary and may be amended or withdrawn at any time.
15.8 Customers are responsible for ensuring that the correct Goods are returned. Hell Bunny accepts no responsibility for unrelated items mistakenly included within a return parcel.
15.9 If Hell Bunny receives Goods which cannot reasonably be identified or matched to an Order, Hell Bunny may be unable to process the return until sufficient information has been provided by the Customer.
15.10 Hell Bunny reserves the right to refuse returns or suspend Customer accounts where it reasonably believes that returns are being abused, fraudulent activity has occurred or these Terms are otherwise being misused.
15.11 Hell Bunny may introduce, amend or withdraw return methods, return locations, collection services, return labels, self-service return portals or other return processes from time to time without prior notice, provided this does not affect any mandatory statutory rights.
15.12 Nothing in this Section affects any statutory rights relating to faulty, damaged, misdescribed or non-conforming Goods.
15.13 Where Hell Bunny operates a voluntary returns policy extending beyond Customers' statutory rights, the applicable return period and eligibility criteria will be communicated on the Website or at the time of purchase. Hell Bunny may amend or withdraw such voluntary policy from time to time, provided this does not affect any statutory rights.
15.14 Until returned Goods are received by Hell Bunny, the Customer remains responsible for them. Customers are encouraged to use an appropriately tracked or insured return service where appropriate. Hell Bunny is not responsible for returned Goods lost or damaged in transit before they are received.
15.15 Where Hell Bunny provides prepaid return labels or other return services, their availability, cost and conditions of use may vary depending on the Customer's location, the reason for the return and any applicable promotional or statutory rights.
16. Faulty Goods and Consumer Rights
16.1 Nothing in these Terms excludes, restricts or limits any statutory rights you may have under the Consumer Rights Act 2015 or any other applicable consumer protection legislation.
16.2 Hell Bunny is legally required to supply Goods that:
a) are of satisfactory quality;
b) are fit for any purpose made known to Hell Bunny before the Contract is formed where applicable;
c) match their description; and
d) conform to the Contract.
16.3 If you believe Goods are faulty, damaged, defective or not as described, you should notify Hell Bunny as soon as reasonably practicable after discovering the issue, providing reasonable details of the problem together with any photographs, videos or other information reasonably requested by Hell Bunny to assist in assessing the claim.
16.4 Hell Bunny may require the Goods to be returned for inspection before determining the appropriate remedy, unless this would be unreasonable or contrary to applicable law. Where Hell Bunny requests the return of Goods that are found to be faulty, Hell Bunny will reimburse reasonable return costs where required by law.
16.5 If Hell Bunny becomes aware of a product safety issue, manufacturer recall, regulatory notice or other safety concern affecting any Goods supplied, Hell Bunny may contact affected Customers and take such action as is reasonably necessary to protect Customers and comply with applicable law, including arranging the inspection, repair, replacement, recall or refund of affected Goods.
16.6 Where Goods are confirmed to be faulty, damaged, defective or not in conformity with the Contract, Hell Bunny will provide an appropriate remedy in accordance with applicable law. Depending on the circumstances, this may include:
a) repair;
b) replacement;
c) a price reduction; or
d) a full or partial refund.
16.7 Where you exercise your statutory short-term right to reject faulty Goods within the applicable legal period, Hell Bunny will provide a refund in accordance with the Consumer Rights Act 2015.
16.8 Where repair or replacement is provided under applicable law, Hell Bunny will carry out such remedy within a reasonable time and without significant inconvenience to the Customer.
16.9 If repair or replacement is impossible, disproportionate, unsuccessful or cannot be provided within a reasonable time, you may be entitled to a price reduction or to exercise your final right to reject the Goods in accordance with applicable law.
16.10 Hell Bunny shall not be responsible for defects, damage or deterioration resulting from:
a) fair wear and tear;
b) accidental damage;
c) misuse, neglect or abuse;
d) failure to follow any care or washing instructions;
e) alterations or repairs carried out by anyone other than Hell Bunny or an authorised repair provider; or
f) any cause occurring after Delivery which is unrelated to any fault present at the time of Delivery.
Nothing in this clause affects any statutory rights where the Goods were faulty at the time of Delivery.
16.11 To assist in assessing a claim, Hell Bunny may request reasonable information, photographs or other evidence and, where appropriate, require the Goods to be returned for inspection or testing. Hell Bunny will determine the appropriate remedy in accordance with applicable law.
16.12 Where Goods are replaced under warranty or as a statutory remedy, Hell Bunny may require the original Goods to be returned before issuing the replacement, unless otherwise required by applicable law.
16.13 Hell Bunny may introduce additional repair services, replacement programmes, repair partners or other after-sales support from time to time without affecting Customers' statutory rights.
16.14 Nothing in this Section affects any mandatory statutory rights available to Consumers under applicable law.
16.15 Where the cause of an alleged fault cannot reasonably be determined, Hell Bunny may arrange for the Goods to be examined by an appropriately qualified independent person or testing facility. This will not affect any statutory rights.
16.16 If Hell Bunny identifies a product safety issue or becomes aware of a product recall affecting any Goods supplied, Hell Bunny may contact affected Customers, arrange for the return or repair of the Goods, provide replacement Goods or offer another appropriate remedy in accordance with applicable law.
17. Product Care
17.1 Customers should follow all care, washing, drying, ironing and handling instructions provided with the Goods or otherwise made available by Hell Bunny.
17.2 Care instructions are provided to help maintain the appearance, fit and longevity of the Goods. Failure to follow those instructions may affect the performance, appearance or lifespan of the Goods.
17.3 Hell Bunny shall not be responsible for damage, shrinkage, fading, colour loss, colour transfer, pilling, distortion, deterioration or other changes resulting from:
a) failure to follow the applicable care instructions;
b) inappropriate washing, drying, ironing or cleaning methods;
c) use of unsuitable detergents, bleaches or cleaning products;
d) excessive heat or improper drying;
e) normal wear and tear; or
f) misuse, neglect or accidental damage occurring after Delivery.
Nothing in this clause affects your statutory rights where the Goods were faulty at the time of Delivery.
17.4 Certain fabrics, dyes, prints, embellishments, trims and decorative finishes may require additional care or storage conditions. Any specific care or storage instructions supplied with such Goods should be followed.
17.5 Where professional cleaning or dry cleaning is recommended, Customers should ensure that any third-party cleaner follows the care instructions provided with the Goods. Hell Bunny is not responsible for damage caused by incorrect cleaning carried out by third parties.
17.6 Goods which have been altered, repaired or modified after Delivery may no longer perform as originally intended. Hell Bunny shall not be responsible for defects or damage resulting from alterations or repairs carried out by anyone other than Hell Bunny or an authorised repair provider.
17.7 Certain characteristics, including fading, softening, creasing, pilling, slight variations in texture and the natural ageing of fabrics, trims and finishes, may occur through normal wear, washing and use. Such characteristics do not of themselves indicate that the Goods are faulty.
17.8 Hell Bunny may provide additional product care guidance, videos, online content or other care information from time to time. Such guidance is intended to supplement, but not replace, the care instructions supplied with the Goods.
17.9 Nothing in this Section excludes or limits any statutory rights relating to faulty Goods or Goods that do not conform to the Contract at the time of Delivery.
18. Gift Cards
18.1 Where Hell Bunny offers physical gift cards, digital gift cards, e-gift cards or other stored-value products ("Gift Cards"), this Section applies unless separate terms are expressly provided.
18.2 Gift Cards may be purchased and redeemed only in accordance with these Terms and any additional instructions or conditions communicated at the time of purchase.
18.3 Gift Cards may only be redeemed against eligible Goods or services offered by Hell Bunny, unless otherwise stated. Gift Cards may not be redeemed for cash except where required by applicable law.
18.4 Unless otherwise stated at the time of purchase or required by applicable law, Gift Cards are non-refundable after purchase and may not be exchanged for cash.
18.5 Where the value of a purchase is less than the balance available on a Gift Card, the remaining balance may continue to be used until exhausted, subject to any applicable expiry date.
18.6 If the purchase price exceeds the available Gift Card balance, the remaining amount must be paid using another accepted payment method.
18.7 Customers are responsible for keeping Gift Card details secure. Hell Bunny is not responsible for unauthorised use resulting from the loss, theft, disclosure or misuse of a Gift Card or its unique redemption code, except where required by applicable law.
18.8 Hell Bunny reserves the right to refuse, suspend or cancel the use of any Gift Card where it reasonably suspects fraud, unlawful activity, unauthorised use or abuse of these Terms.
18.9 Gift Cards obtained through promotional campaigns, competitions, loyalty programmes or goodwill gestures may be subject to additional restrictions, including expiry dates, redemption limitations or exclusions, which will be communicated at the time of issue.
18.10 Hell Bunny may introduce, amend or withdraw Gift Card products, digital wallet functionality, Gift Card services or redemption methods from time to time. Any such changes will not adversely affect the balance or validity of Gift Cards already issued, except where required by applicable law or expressly communicated at the time of issue.
18.11 Any expiry date, validity period or usage restrictions applicable to a Gift Card will be communicated at the time of purchase or issue, where applicable. Where no expiry date is specified, the Gift Card shall remain valid unless otherwise required by applicable law or subsequently notified in accordance with these Terms.
18.12 Nothing in this Section affects any mandatory statutory rights applicable to Gift Cards or Consumers under applicable law.
18.13 Hell Bunny may introduce Gift Cards capable of being reloaded or topped up from time to time. Any additional terms applicable to such Gift Cards will be communicated at the time of issue.
18.14 Where Goods purchased wholly or partly using a Gift Card are refunded, Hell Bunny may refund the relevant amount to a Gift Card, issue a replacement Gift Card, provide store credit or refund the original payment method, as appropriate and in accordance with applicable law and Hell Bunny's refund procedures.
19. Intellectual Property
19.1 All intellectual property rights on the Website, the Goods and all related content, including without limitation trademarks, logos, brand names, product names, designs, artwork, prints, illustrations, photographs, images, graphics, videos, text, software, databases and other materials, are owned by or licensed to Hell Bunny and are protected by applicable intellectual property laws.
19.2 Nothing in these Terms or any Contract transfers to you any ownership of, or rights in, any intellectual property belonging to Hell Bunny or its licensors, except for the limited rights expressly granted under these Terms.
19.3 Subject to these Terms, Hell Bunny grants you a limited, non-exclusive, non-transferable and revocable licence to access and use the Website solely for your personal, non-commercial use.
19.4 You must not, without Hell Bunny's prior written consent:
a) copy, reproduce, modify, adapt, translate or create derivative works from any content;
b) use any Hell Bunny trademark, logo, product name or branding;
c) copy or reproduce product designs, prints, artwork or other creative content;
d) remove or alter any copyright, trademark or proprietary notices;
e) use any photographs, product images or other content for commercial purposes;
f) reverse engineer, decompile or otherwise attempt to extract any software or underlying technology forming part of the Website, except where permitted by applicable law.
19.5 You must not use automated systems, artificial intelligence tools, bots, crawlers, scrapers, data mining technologies or similar methods to access, copy, extract, reproduce or create datasets from the Website or its content without Hell Bunny's prior written consent, except where such activity cannot lawfully be restricted.
19.6 Where the Website allows you to submit reviews, photographs, comments or other content, you retain ownership of your content but grant Hell Bunny a worldwide, non-exclusive, royalty-free licence to use, reproduce, publish, display, adapt and distribute that content for the purpose of operating, promoting and improving its business, subject to applicable law and any privacy rights.
19.7 If you believe that any material on the Website infringes your intellectual property rights, you should notify Hell Bunny using the contact details published on the Website so that the matter may be investigated.
19.8 Hell Bunny respects the intellectual property rights of third parties and expects Customers to do the same.
19.9 Hell Bunny may introduce new technologies, digital content, artificial intelligence services, virtual experiences, augmented reality features or other intellectual property in the future. Unless otherwise stated, such content shall remain the intellectual property of Hell Bunny or its licensors and shall be subject to these Terms.
19.10 Nothing in this Section limits any rights or remedies available to Hell Bunny under applicable intellectual property law.
19.11 You must not manufacture, commission, reproduce, distribute, advertise, market, sell or otherwise commercially exploit any products, Goods, designs, artwork, prints, branding or other intellectual property that copy or substantially imitate Hell Bunny's intellectual property, or otherwise use Hell Bunny's intellectual property in a manner that is likely to cause confusion as to the origin, endorsement or affiliation of any goods or services.
20. Brand Protection
20.1 The Hell Bunny name, trademarks, logos, branding, product names, trade dress and other brand identifiers are valuable assets owned by or licensed to Hell Bunny. Customers must not use them except as expressly permitted by these Terms or with Hell Bunny's prior written consent.
20.2 You must not use the Hell Bunny name, branding or intellectual property in any way that suggests sponsorship, endorsement, approval, partnership or affiliation where none exists.
20.3 You must not register, use or attempt to register any business name, company name, domain name, social media account, marketplace seller account, advertising account or other identifier that incorporates or is confusingly similar to the Hell Bunny name, trademarks or branding.
20.4 You must not advertise, market, distribute or sell counterfeit Goods, imitation products or Goods that falsely suggest an association with Hell Bunny.
20.5 Nothing in this Section prevents the lawful resale of genuine Hell Bunny Goods. However, you must not represent yourself as Hell Bunny or as an authorised representative, distributor, retailer or agent of Hell Bunny unless expressly authorised in writing.
20.6 You must not remove, obscure or alter any trademarks, labels, branding, authenticity markings or other identifying features attached to the Goods.
20.7 If you become aware of counterfeit products, misuse of the Hell Bunny brand or suspected infringement of Hell Bunny's intellectual property rights, Hell Bunny would appreciate such matters being reported using the contact details published on the Website.
20.8 Hell Bunny reserves all rights to investigate suspected misuse of its brand and to take such action as it reasonably considers necessary to protect its intellectual property, brand, reputation and goodwill, including issuing takedown requests, reporting infringements to online platforms or marketplaces, and commencing legal proceedings where appropriate.
20.9 Hell Bunny may introduce new brands, sub-brands, collaborations, digital assets, virtual products, marketplace channels or other brand identifiers from time to time. Unless otherwise stated, those assets shall benefit from the protections contained in these Terms.
20.10 Nothing in this Section limits any rights or remedies available to Hell Bunny under applicable intellectual property, trademark, passing off or unfair competition laws.
21. Website and Digital Services
21.1 Hell Bunny aims to keep the Website and its digital services available at all times. However, the Website may occasionally be unavailable due to maintenance, upgrades, technical issues, security incidents or events beyond Hell Bunny's reasonable control. Hell Bunny does not guarantee uninterrupted or error-free access.
21.2 Hell Bunny takes reasonable care to ensure that information published on the Website is accurate at the time of publication. However, product descriptions, pricing, images, availability and other content may occasionally contain errors or become outdated. Hell Bunny reserves the right to correct any errors or omissions.
21.3 Where Customers create an account, they are responsible for maintaining the confidentiality of their login credentials and for all activities carried out using their account. Customers should notify Hell Bunny promptly if they become aware of any unauthorised access or security breach.
21.4 Customers should choose secure passwords and take reasonable steps to protect their account credentials. Hell Bunny is not responsible for unauthorised access resulting from a customer’s failure to safeguard their login details, except where required by applicable law.
21.5 You must use the Website lawfully and must not interfere with its operation or the experience of other users.
21.6 You must not:
a) introduce viruses, malware or malicious code;
b) attempt unauthorised access to any part of the Website or connected systems;
c) interfere with or disrupt the Website or its infrastructure;
d) use automated tools, bots or scripts except where expressly authorised;
e) attempt to bypass security measures;
f) use the Website for unlawful, fraudulent or abusive purposes.
21.7 The Website may contain links to third-party websites, applications or services for your convenience. Hell Bunny is not responsible for the content, availability or practices of those third-party services.
21.8 Hell Bunny may use cookies and similar technologies in accordance with its Cookie Policy and Privacy Policy.
21.9 By using the Website or placing an Order, you agree that Hell Bunny may communicate with you electronically where permitted by applicable law, including by email, SMS, website notifications or other digital communication methods relating to your Orders, account or customer service enquiries.
21.10 Hell Bunny may update, modify, suspend or withdraw any part of the Website or its digital services from time to time, including introducing new features or removing existing functionality.
21.11 Hell Bunny aims to make its website reasonably accessible and continually improve the user experience. However, compatibility with every device, browser, operating system or assistive technology cannot be guaranteed.
21.12 Hell Bunny may introduce mobile applications, digital content, artificial intelligence features, virtual fitting tools, augmented reality experiences, loyalty platforms or other digital services in the future. Unless separate terms apply, those services will also be governed by these Terms.
21.13 Nothing in this Section excludes or limits any statutory rights that cannot lawfully be excluded or limited.
21.14 If you become aware of a security vulnerability affecting the Website, you should report it to Hell Bunny promptly and refrain from exploiting or publicly disclosing it until Hell Bunny has had a reasonable opportunity to investigate and address the issue.
21.15 Hell Bunny may use third-party providers to host, operate, maintain, secure or improve the Website and its digital services. The use of such providers does not affect Hell Bunny's responsibilities to Customers under applicable law.
22. Reviews and User Generated Content
22.1 Where the Website or Hell Bunny's digital services allow Customers to submit reviews, ratings, comments, photographs, videos or other content ("User Content"), this Section applies.
22.2 You confirm that any User Content you submit:
a) is accurate to the best of your knowledge;
b) relates to your genuine experience with the Goods or services;
c) does not infringe the intellectual property, privacy or other rights of any third party;
d) complies with applicable law and these Terms.
22.3 You retain ownership of your User Content. However, by submitting User Content, you grant Hell Bunny a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, publish, display, modify (where reasonably necessary for formatting or moderation), distribute and otherwise use that User Content for the operation, promotion and improvement of Hell Bunny's business.
22.4 You must not submit User Content that:
a) is false, misleading or deceptive;
b) is defamatory, abusive, offensive, discriminatory or unlawful;
c) contains malicious software or harmful code;
d) infringes the rights of another person;
e) promotes illegal activity;
f) constitutes spam or unauthorised advertising.
22.5 Hell Bunny reserves the right, but is not obliged, to monitor, moderate, refuse, edit or remove User Content where it reasonably believes it breaches these Terms or applicable law.
22.6 Hell Bunny may use automated systems, artificial intelligence or other moderation technologies to assist in reviewing User Content. Final moderation decisions remain at Hell Bunny's discretion.
22.7 Reviews should reflect genuine customer experiences. You must not submit fake reviews, misleading reviews or reviews on behalf of another person. Hell Bunny may, at its discretion, display reviews using a customer's first name, initials, username or other identifier, unless otherwise required by applicable law.
22.8 Where Hell Bunny requests or rewards reviews through promotions, competitions, loyalty programmes or other incentives, this will be identified where required by applicable law.
22.9 User Content submitted through third-party platforms, including social media or external review platforms, may also be subject to the terms and conditions of those platforms.
22.10 Hell Bunny may introduce customer communities, forums, galleries, social features, live shopping, creator programmes or other interactive digital services in the future. Unless separate terms apply, those services will also be governed by these Terms.
22.11 Nothing in this Section limits any statutory rights or legal protections that cannot lawfully be excluded.
22.12 By submitting photographs or videos containing identifiable individuals, you confirm that you have obtained any permission or consents reasonably required for Hell Bunny to use that User Content in accordance with these Terms.
22.13 Hell Bunny is under no obligation to publish, retain or respond to any User Content and may remove or disable access to such content at any time in accordance with these Terms and applicable law.
22.14 Hell Bunny may cease using or displaying any User Content at any time without notice and without affecting the license granted under these Terms.
23. Data Protection
23.1 Hell Bunny is committed to protecting your personal data and processing it responsibly, fairly and in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and any other applicable legislation.
23.2 Information about how Hell Bunny collects, uses, stores, shares and protects personal data is set out in the Privacy Policy, which forms part of your relationship with Hell Bunny and is available on the Website.
23.3 By placing an Order, creating an account or otherwise interacting with Hell Bunny, you acknowledge that your personal data may be processed in accordance with the Privacy Policy and applicable law.
23.4 Customers are responsible for ensuring that the personal information they provide is accurate, complete and kept up to date.
23.5 Hell Bunny may use trusted third-party service providers to process personal data on its behalf, including providers of payment services, fraud prevention, website hosting, cloud services, logistics, customer support, marketing, analytics and other business services. Such processing will be carried out in accordance with applicable data protection laws.
23.6 Where personal data is transferred outside the United Kingdom or other applicable jurisdiction, Hell Bunny will implement appropriate safeguards where required by applicable law.
23.7 Hell Bunny maintains appropriate technical and organisational measures designed to protect personal data against unauthorised access, loss, misuse, alteration or disclosure. However, no internet transmission or electronic storage system can be guaranteed to be completely secure.
23.8 Where permitted by applicable law and your communication preferences, Hell Bunny may send you marketing communications. You may opt out of marketing communications at any time using the methods provided in those communications or by contacting Customer Services.
23.9 The Website may use cookies and similar technologies. Further information is available in Hell Bunny's Cookie Policy.
23.10 Hell Bunny will retain personal data only for as long as reasonably necessary to fulfil the purposes for which it was collected, to comply with legal, regulatory or accounting obligations, to resolve disputes and to enforce its legal rights. Further information is available in the Privacy Policy.
23.11 Customers have rights in relation to their personal data, including rights of access, rectification, erasure, restriction, objection and data portability, where applicable. Details of how to exercise these rights are set out in the Privacy Policy.
23.12 If Hell Bunny becomes aware of a personal data breach, it will respond in accordance with applicable data protection laws and regulatory obligations.
23.13 Hell Bunny may introduce new technologies, artificial intelligence tools, automated systems or other digital services that involve the processing of personal data. Any such processing will be carried out in accordance with applicable data protection laws and the Privacy Policy.
23.14 Nothing in this Section excludes or limits any rights you have under applicable data protection legislation.
24. Limitation of Liability
24.1 Nothing in these Terms excludes or limits Hell Bunny's liability where it would be unlawful to do so, including liability for:
a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation;
c) deliberate or wilful misconduct where liability cannot lawfully be excluded;
d) defective products where liability cannot lawfully be excluded or limited; or
e) any other liability that cannot be excluded or limited under applicable law.
24.2 Nothing in these Terms affects your statutory rights as a Consumer, including your rights under the Consumer Rights Act 2015.
24.3 Subject to clauses 24.1 and 24.2, Hell Bunny shall not be liable for any loss or damage arising from:
a) misuse of the Goods;
b) failure to follow product care instructions;
c) unauthorised alterations or repairs;
d) normal wear and tear;
e) use of the Goods for purposes for which they were not intended.
24.4 Hell Bunny shall not be responsible for delays, interruptions or failures resulting from third-party services, telecommunications networks, internet providers, payment providers, delivery providers or other services outside Hell Bunny's reasonable control, except where liability cannot lawfully be excluded.
24.5 Hell Bunny is not liable for interruptions to the Website or digital services, temporary unavailability, technical faults or security incidents beyond its reasonable control.
24.6 Hell Bunny is not responsible for the content, availability or performance of third-party websites, applications or services linked from the Website.
24.7 Hell Bunny shall not be liable for any indirect, incidental, consequential or special losses to the extent permitted by applicable law.
24.8 The Goods are supplied for personal, domestic and private use only. Hell Bunny shall not be liable for any business losses, including loss of profit, loss of revenue, loss of business opportunity, business interruption or loss of goodwill arising from the use of the Goods.
24.9 Subject to clauses 24.1 and 24.2, Hell Bunny's total aggregate liability arising out of or in connection with a Contract shall not exceed the total amount paid by the Customer for the Goods giving rise to the claim, except where a greater liability is required by applicable law.
24.10 Hell Bunny may introduce new digital services, artificial intelligence features, virtual experiences or other technologies from time to time. Unless otherwise required by applicable law, these Terms apply equally to such services.
24.11 If any provision of this Section is found to be invalid, unlawful or unenforceable, the remaining provisions shall continue in full force and effect.
25. Force Majeure
25.1 Hell Bunny shall not be liable for any failure or delay in performing its obligations under these Terms or any Contract where such failure or delay results from a Force Majeure Event.
25.2 A Force Majeure Event means any event or circumstance beyond Hell Bunny's reasonable control, including but not limited to:
a) natural disasters, including floods, storms, earthquakes or other severe weather events;
b) fire, explosion or accidental damage;
c) epidemic, pandemic or public health emergency;
d) war, armed conflict, terrorist attack or threat of terrorism;
e) civil unrest, riot or civil commotion;
f) acts of government, legislation, sanctions, embargoes or restrictions imposed by public authorities;
g) strikes, lockouts or other industrial disputes (other than those involving Hell Bunny's own workforce where the effects could reasonably have been avoided);
h) interruption or failure of utilities, cloud services, internet services, telecommunications, payment systems or payment processing services;
i) cyber-attacks, ransomware incidents or other significant cybersecurity events;
j) failure or interruption of transport networks, ports, carriers or logistics providers;
k) shortages of raw materials, manufacturing delays, closure of warehouses or fulfilment centers, or supplier failures beyond Hell Bunny's reasonable control;
l) any other event beyond Hell Bunny's reasonable control that prevents or materially delays performance.
25.3 During a Force Majeure Event, Hell Bunny's affected obligations shall be suspended for the duration of the Force Majeure Event.
25.4 Hell Bunny will use reasonable endeavours to minimise the effects of a Force Majeure Event and resume normal performance as soon as reasonably practicable.
25.5 Where reasonably practicable, Hell Bunny will notify affected Customers of any material delay or disruption caused by a Force Majeure Event.
25.6 If a Force Majeure Event continues for a prolonged period such that Hell Bunny is unable to fulfil the Contract, Hell Bunny may cancel the affected Order and provide a refund for any amounts paid in respect of Goods not supplied.
25.7 Nothing in this Section affects any statutory rights that cannot lawfully be excluded or limited.
26. General Legal Provisions
26.1 These Terms, together with any documents expressly referred to within them, constitute the entire agreement between you and Hell Bunny relating to the purchase of Goods under a Contract and supersede any previous discussions, correspondence or understandings relating to that purchase.
26.2 Hell Bunny may update or amend these Terms from time to time. Any revised Terms will apply to Orders placed after the updated Terms are published on the Website. Changes will not affect Contracts already concluded unless required by applicable law.
26.3 Hell Bunny may transfer, assign or subcontract its rights or obligations under these Terms provided this does not reduce your statutory rights. You may not assign or transfer your rights or obligations without Hell Bunny's prior written consent.
26.4 A person who is not a party to a Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.
26.5 If Hell Bunny delays or fails to enforce any right under these Terms, this shall not constitute a waiver of that right or any other rights.
26.6 If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be deemed severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
26.7 Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between you and Hell Bunny.
26.8 You agree that communications relating to your Order, these Terms and other contractual matters may be provided electronically where permitted by law.
26.9 If you have a complaint regarding Goods or our service, please contact Hell Bunny using the contact details published on the Website. Hell Bunny will endeavor to resolve complaints promptly and fairly.
26.10 Where changes in applicable law require amendments to these Terms, Hell Bunny may update them for future Orders in accordance with clause 26.2. Existing Contracts will only be affected where required by law.
26.11 Any provisions of these Terms which by their nature are intended to survive the termination, cancellation or completion of a Contract shall continue in full force and effect, including (without limitation) provisions relating to payment obligations, intellectual property, liability, data protection, governing law and dispute resolution.
26.12 References to legislation include any amendments, replacements or re-enactments of that legislation. References to the singular include the plural and vice versa where the context requires.
26.13 Headings are included for convenience only and do not affect the interpretation of these Terms.
26.14 These Terms and any Contract shall be governed by the laws of England and Wales.
26.15 You and Hell Bunny agree that the courts of England and Wales shall have jurisdiction to resolve any dispute arising from these Terms or any Contract. If you are a consumer resident in Scotland or Northern Ireland, you may also have the right to bring proceedings in the courts of your own jurisdiction as provided by applicable law.
26.16 Nothing in these Terms excludes, restricts or limits any statutory rights or remedies that cannot lawfully be excluded or limited.
