Terms of Use

Welcome to the Merry People website www.uk.merrypeople.com (together with related properties, the "website"). The following terms of use (“Terms of Use”) govern your use of the website.

By accessing, viewing, or using the content, material, products, or services available on or through the website, you acknowledge that you have read and agree to comply these Terms of Use. You agree that your use of the website or any content or material made available on or through the website signifies that you fully accept and agree to these Terms of Use.

1. Information About Us

We operate the website. We are Merry People UK Ltd, a company registered in England under company number 13679229 and with our registered office at 20-22 Wenlock Road, London N1 7GU ("Merry People", "we", "us", "our"). Our VAT number is 404 3660 26. We are a limited company.

To contact us, please see our Contact Us page.

2. Registration

In order to access certain content, material, products or services on the website, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms of Use, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. By creating an account, you acknowledge that you are 13 years of age or older and that you have all the necessary rights, power and authority to enter into these Terms of Use and perform the obligations in them.

You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Merry People will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. Additionally, we reserve the right to change your display name if we deem it offensive, misleading, potentially infringing the rights of third parties or if you have been inactive for more than a year.

Additional information may be collected by Merry People or its third-party providers for security and anti-fraud purposes. You confirm that the personal information you provide to us via the website is true, valid, complete and up-to-date in all respects. Should any of the information you provide on the website change, if applicable, please login to your account and update such information directly on the website.

Our Privacy Policy explains what personal information we collect, why we collect it, how we use it, the controls you have over your personal information and the procedures that we have in place to protect your privacy. If you have any questions about how we use your personal data please contact support@merrypeople.com.

3. General Restrictions on Use

You agree to use the website only for purposes that are permitted by these Terms of Use, and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the website for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purpose.

You will not (and will not attempt to):

(a) Access the website by any means other than through the interface that is provided by Merry People;

(b) Gain unauthorised access to Merry People’ computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the website, Merry People’ networks and computer systems;

(c) Access the website through any automated means or with any automated features or devices (including use of scripts or web crawlers);

(d) Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

(e) Reproduce, duplicate, copy, sell, trade, or resell any aspect of the website for any purpose; and

(f) Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Merry People in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

Additionally, you must not misuse the website by knowingly introducing viruses, trojans,  worms, logic bombs or other material that is malicious or technologically harmful. You  must not attempt to gain unauthorised access to the website, the server on which the  website are stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of  service attack. By breaching this provision, you would commit a criminal offence under  the Computer Misuse Act 1990. We will report any such breach to the relevant law  enforcement authorities and we will co-operate with those authorities by disclosing your  identity to them. In the event of such a breach, your right to use the website will cease immediately. 

4. Content

As between you and Merry People, Merry People owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyright, trademarks, service marks, trade dress, and other intellectual property rights associated with them, in or made available through the website (“Website Content”), as well as the selection, coordination, arrangement, and organisation and enhancement of the Website Content. All Website Content is protected by intellectual property laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Content. As between you and Merry People, all names, trademarks, symbols, slogans, or logos appearing on the website are proprietary to Merry People or its affiliates, licensors, or suppliers. Use or misuse of these is expressly prohibited under intellectual property law. Under no circumstances will you have any rights of any kind in or to the Website Content, other than the right to use the Website Content in accordance with these Terms of Use.

Certain features of the website may allow you to contribute feedback and other information to the website for access, use, viewing, and commentary by other users of the website (collectively, “User Generated Content”).

User Generated Content that you post or control must not be illegal, fraudulent,  deceptive, obscene, threatening, defamatory, offensive, racist, sexist, derogatory,  invasive of privacy or infringe any third party’s intellectual property rights. User  Generated Content that you post or control must not be harmful to third parties or objectionable. Furthermore, User Generated Content that you post or control must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam”.

By posting User Generated Content or any other content, you promise that you have the full legal right to provide the User Generated Content and content, and that use of the User Generated Content and content by Merry People on the website, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) breach any law or agreement; or (c) constitute disclosure of any confidential information owned by any third party. By submitting User Generated Content or other content to Merry People, you grant Merry People a worldwide, on-going, transferable, licence to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Generated Content and other content, all without any payment to you. To be clear, Merry People shall also be under no obligation: (a) to maintain any User Generated Content in confidence; (b) to pay you in any way for your User Generated Content; or (c) to respond to any User Generated Content.

Merry People takes no responsibility and assumes no liability for any content posted by you or any third party.

5. Errors, Inaccuracies, and Omissions

Although we make reasonable efforts to update the information on the website, occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions. We make no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up to date. We reserve the right to correct any errors,  inaccuracies or omissions on the website at any time without prior notice.

6. Disclaimers and Warranties

Except where due to our breach of these Terms of Use or failure to use reasonable skill and care, we make no promises: (i) that the website, Website Content, Products, advice, information or links provided on the website will meet your requirements; (ii) that the website will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the website will be corrected; (iv) regarding the Website Content, advice, information or links provided by any third parties or users; (v) that the website will be error-free or that any errors will be corrected; or that the website will be secure or free from bugs or viruses.

You understand that the technical processing and transmission of any Website Content and User Generated Content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our website will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the website or the internet, including, for example, personal information such as your name or address. Except where this is due to our breach of these Terms of Use or failure to use reasonable skill and care, Merry People assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or the website, including any injury or damage to you or to any person’s computer related to or resulting from use of the website.

7. Limitation of Liability

Nothing in these Terms of Use of use excludes or limits Merry People' liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Terms of Use. Also, we only supply the website for domestic or private use. You agree not to use the website for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8. Links to Other Websites

The website may contain links or references to other websites outside of our control. Links to other websites may use our website logo or style as a result of a co-branding agreement. These websites may set cookies on your browser and may collect personally identifiable information about you and make use of that data in ways that this website would not. Please be aware that Merry People has no control over these websites and that these Terms of Use do not apply to any third party websites. Merry People encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

Where the website links to any of our social media pages, the terms and conditions of the relevant social media platform will apply. You are responsible for ensuring you have read and understood the social media platform’s terms and conditions when accessing any social media platform and we will not be responsible for any content posted on that social media platform or for any failure by you to comply with the terms of any social media platform.

9. Complaint Procedures

If you believe that any content on this website infringes your intellectual property or other rights, please notify Merry People by email at support@merrypeople.com with a comprehensive detailed message setting out the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; and (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content that is objectionable.

10. Changes to these Terms of Use

We may revise these Terms of Use at any time to reflect changes in or to:

(a) Relevant laws or regulatory requirements;

(b) Security, technical or operational issues;

(c) Website's functionality or features.

If we change these Terms of Use, we may notify you on the website. If we have your e-mail address, we may also decide to e-mail you with information on those changes.

11. Applicable Law

These Terms of Use, their subject matter and its formation, are governed by English law. However, if you are a consumer and resident of any other European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms of Use affects your rights as a consumer to rely on these local law mandatory provisions and legal rights. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any other European Union country you and we may also bring proceedings in that country.

12. Business Terms

If you are a business, the following terms apply instead of the corresponding terms above)

Limitation of Liability (applying instead of clause 7):

Nothing in these Terms of Use excludes or limits Merry People' liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with these Terms of Use for:

Any loss of profits, sales, business or revenue;

Business interruption;

Loss or corruption of data, information or software;

Loss of anticipated savings;

Loss of business opportunity, goodwill or reputation; or

Any indirect or consequential loss or damage.

Applicable Law (applying instead of clause 11):

These Terms of Use, their subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Terms & Conditions of Sale

This section tells you information about us and the legal terms and conditions ("Terms") that apply to the products ("Products") listed on our website. These Terms are only available in English and will apply to any contract between us for the sale of Products to you ("Contract").

Please read these Terms carefully before ordering any Products from our website. Please note that by ordering any of our Products, you agree to be bound by these Terms. Any other terms which you seek to include either expressly, by implication, or due to any previous dealings between us are excluded. We will keep a record of all Contracts, which are available on request.

You may only purchase Products from our website if you are at least 13 years old, or are doing so on behalf of a business. If you are under the age of 13 or cannot lawfully enter into a contract, please ask your parent or guardian to review these Terms, and register and / or place an order on your behalf.

If you refuse to accept these Terms, you will not be able to order any Products from our website. You should print a copy of these Terms, or save them to your computer, for future reference.

1. Information about Merry People

We operate www.uk.merrypeople.com and related properties (the "website"). We are Merry People UK Limited, a company registered in England under company number 13679229 and with our registered office at 20-22 Wenlock Road, London N1 7GU ("Merry People", "we", "us", "our"). Our VAT number is 404 3660 26. We are a limited company.

To contact us, please see our Contact Us page.

2. Our Products

The images of the Products on our website are for illustrative purposes only. Although Merry People has made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. Furthermore, the packaging of the Products may vary from that shown in images on our website.

Although Merry People have made every effort to be as accurate as possible, all sizes and measurements indicated on our website are approximate. Unless otherwise stated, sizes indicated are UK sizes.

Merry People reserves the right to change the assortment of Products offered and to limit the quantity of Products that may be purchased at any time, without prior notice.

All Products shown on our website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.

3. Use of Our Website

Your use of our website is governed by our website's Terms of Use. Please take time to read these, as they include important terms which apply to you.

4. How We Use your Personal Information

Our Privacy Policy explains what personal information we collect, why we collect it, how we use it, the controls you have over your personal information and the procedures that we have in place to protect your privacy. If you have any queries about how we use your personal data please contact support@merrypeople.com.

5. Merry People' Obligations to you

Merry People is under a legal duty to supply Products which conform with a Contract, including that the Products are as described and match information we provided to you and any model seen or examined by you, are of satisfactory quality and are fit for any particular purpose made known to us. Nothing in these Terms will affect these legal rights. Advice about your legal rights as a consumer is available from your local Citizens’ Advice Bureau or Trading Standards office.

6. How the Contract is Formed Between you and Merry People

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an email from Merry People acknowledging that we have received your order. We will confirm our acceptance to you by sending you a confirmation email that confirms that the Products have been ordered. The Contract between us will only be formed when we send you the confirmation email.

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our website, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7. Your Right of Return and Refund

You have the right to cancel a Contract during the period set out below. This means that during that period, if you change your mind, or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

Your right to cancel a Contract starts from the date of the email confirmation, which is when the Contract between us is formed. You then have a period during which you may cancel a Contract and return the Product, and that period continues until the end of 30 days starting from the day after you receive the Products. Products must be returned to us and accompanied by the invoice we sent you.

To cancel a Contract, please complete a return in the Merry People Returns Portal or send us an email at support@merrypeople.com.

You also have the option of using the EU model cancellation form. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the email or posted the letter to us, as long as you sent it during the cancellation period.

If you exercise your right to cancel, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and in any case within 30 days from the day we receive the Products back, or you provide evidence that you have returned them. We will make the refund using the same means of payment as you used for the initial purchase, unless you expressly agree otherwise, and you will not incur any fees for receiving that refund.

As a consumer, you will always have legal rights regarding cancellation in relation to Products that are faulty or not as described. These legal rights are not affected by anything in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.

8. Delivery

We will aim to fulfill your order within the estimated delivery time set out on the website, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.

Delivery will be completed when we deliver the Products to the address you gave us.

The Products will be your responsibility from the completion of delivery.

You own the Products once we have received payment in full, including all applicable delivery charges.

Please note that there are a small number of postcodes, usually in remote rural areas, to which we may not be able to deliver within the provided timescale. If you have any queries regarding your order, please contact support@merrypeople.com.

We can only accept orders for delivery to addresses within the UK mainland (including the Channel Islands, Isle of Man, Isle of Skye and Isle of Wight).

If no one is available at your address to take delivery and the Products cannot be  posted through your letterbox, the delivery provider will leave you a note informing you  of how to rearrange delivery or collect the Products from a local depot. 

If you do not collect the Products from the delivery provider as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery  depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and issue you a refund. 

9. Delivery Charges

You will not be charged for standard delivery and all other delivery charges will be made known to you as part of our order process and are as quoted from time to time.

10. Prices and Promotions

The prices of the Products will be as quoted on our website from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time of publication.

Any changes in price will not affect any order which we have confirmed with an email confirmation.

The price of a Product includes VAT at the applicable current rate chargeable in the UK for the time being.

The price of a Product does not include any applicable delivery charges.

Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

Merry People reserves the right to alter the terms or duration of any special offers or sale promotion. From time to time our retail stores may run special local promotions on our Products (which may not be available on our website) or we may offer special promotions on our website that are not available in wholesale retail stores. For these reasons you may sometimes find that Products on our website are priced differently to those in wholesale retail stores.

11. Payment

Payment must be made by one of our accepted payment methods which will be made known to you. Payment for the Products and all applicable delivery charges is in advance.

Should you be paying by credit or debit card, your bank may place a pending hold on these funds. This is out of the control of Merry People. This payment will be released when payment for your order is requested by Merry People.

12. Liability

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

We only supply the Products for domestic or private use. You agree not to use a Product for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the Products (including the right to receive Products which are as described and match information we provided to you and any sample or model seen or examined by you, of satisfactory quality, and fit for any particular purpose made known to us, and for defective products under the Consumer Protection Act 1987.

13. Event Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.

If an event outside our control takes place that affects the performance of our obligations under a Contract:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of Products to you, we will arrange a new delivery date with you after the event outside our control is over.

14. Communications Between Us

When we refer in these Terms to “in writing,” this will include email.

(a) If you wish to contact us in writing for any other reason, you can send an email to support@merrypeople.com or a pre-paid post to 20-22 Wenlock Road, London N1 7GU.

(b) And if we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

15. Changes to these Terms

We may revise these Terms of Use at any time to reflect changes in or to:

(a) The Products;

(b) Relevant laws or regulatory requirements; or

(c) Security, technical or operational issues;

If we change these Terms of Use, we may notify you on the website. If we have your e-mail address, we may also decide to e-mail you with information on those changes.

16. Disputes

We will do our best to resolve any disputes over these Terms. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

17. Other Important Terms

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

A Contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms their subject matter and its formation, are governed by English law. However, if you are resident of any other European Union country you will benefit from mandatory consumer provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms of Use affects your rights to rely on these local law mandatory consumer provisions and legal rights. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any other European Union country you and we may also bring proceedings in that country.

18. If You Are a Business

If you are a business, the following terms apply instead of the corresponding terms above)

Liability (applying instead of clause 12):

We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

We do not limit in any way our liability for:

Death or personal injury caused by our negligence;

Defective products under of the Consumer Protection Act 1987;

Fraud or fraudulent misrepresentation; or

Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract for:

Any loss of profits, sales, business or revenue;

Business interruption;

Loss or corruption of data, information or software;

Loss of anticipated savings;

Loss of business opportunity, goodwill or reputation; or

Any indirect or consequential loss or damage.

Our total liability to you in respect of other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

Communications Between Us (applying instead of clause 14):

When we refer in these Terms to “in writing,” this will include email.

Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.

A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Other Important Terms (applying instead of paragraph 6 of clause 17):

These Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.