Terms and Conditions
Welcome to Smiley Myley, and thank you for visiting us here. These terms and conditions, as stated below, govern your access to and use of the Smiley Myley website and all the services provided by Smiley Myley via the website including without limitation our monthly product and gift service.
By using our website or subscribing to our services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit.
Terms and Conditions – Introduction
These terms and conditions govern your use of this website and your relationship with us at Smiley Myley.
Please read through these terms and conditions before using this website.
Smiley Myley has provided this website for your personal use, subject to these terms and conditions.
Please feel free to browse any/all of its pages.
By using this website you agree to be bound by these terms and conditions.
Please check these terms and conditions regularly as they may vary from time to time.
If you do not accept these terms and conditions, then we please ask that you do not use this website.
Definitions and Interpretations
In these Terms and Conditions:
Reference to “we” and “us” is a reference to Smiley Myley
Reference to “you” is a reference to the purchaser of the Goods from us
“Contract” means the contract between us for the sale and purchase of the Goods which incorporates these Terms and Conditions
“Goods” means the clothing, collars, leads and Bedding and any other item purchased by you from us
“Terms” means these Terms and Conditions
“Welcome to our website”
We want all our customers to come here time and time again and enjoy the shopping and to be “delighted” with their purchases…..we like to call this part of the “Smiley Myley experience”.
Smiley Myley is the online specialist for accessories for your pup dog.
“The Smiley Myley Experience” - Our team prides themselves in offering you, our customer, an exceptional shopping experience with a fast order fulfilment and straightforward, no hassle returns.
“We’re here to help!!” – Not sure what to buy or if you have a query about sizes etc, then please email us on firstname.lastname@example.org and we will respond as soon as we can.
We welcome customers suggestions at all times, whether related to an item you’d like us to stock, or to give us feedback on the service we deliver.
We may update these terms and conditions from time to time to improve our service to you and will notify these changes to you by posting the amended terms and conditions on the website/social media.
The changes will apply to all use of the website after we have posted the new terms and conditions.
If you continue to use the website after the date on which the change comes into effect, your use of the website will indicate your agreement to be bound by the new terms and conditions.
Availability of Goods, Colour and Sizing
1.0. No offer submitted by you for the purchase of goods from us shall be accepted until we have confirmed receipt of your offer and have accepted it in writing by email. Acceptance is deemed effective upon Smiley Myley sending you a receipt with the email.
1.1. No contract will come into place between us until we actually dispatch the goods to you. Until that point, we may decline to supply the goods to you for any reason.
1.2. All products purchased are subject to availability. If products you order become unavailable, we will notify you straight away and, if we have received a payment for the unavailable products, we will ask if you are prepared to wait until we restock the items, or if you would prefer a refund.
1.3. Most pictures of products show the exact model and colour that you will receive. However, please note that all pictures are for illustrative purposes only and actual items received may differ slightly. We may also make slight variations to the products shown on the website, but these will not affect their quality.
1.4. If your order consists of items in stock and items not in stock, then we will wait until we have received the out of stock items before dispatching your complete order.
In other words, we will only send out a complete order.
We will, however, contact you beforehand, and give you the option of receiving a part order or the option of a refund should this happen.
Delivery and Delivery Charges
2.0. Delivery will be made to the address in the United Kingdom and Northern Ireland, which you provide to us as the delivery address when submitting your order.
2.1. We will do our best to deliver the goods within 30 days of the date of your order, but we will not be liable for delay in delivery arising as a result of any cause beyond our reasonable control.
2.2. Complimentary standard shipping within the UK on all orders over £39.00. Subject to reduction by returns, cancellations or exchanges.
2.3. Delivery times vary depending on what time the order reaches us and the next available posting date. We aim to deliver within 3-10 working days for stock items. If an item is out of stock, we will contact you immediately by email to notify you of an expected delivery date or to offer you a refund.
For deliveries of out of stock items, please allow an additional 10-14 working days.
We do send an email notification once your item has been shipped.
2.4. Any Special Order items (see the individual item description) do not fall under the United Kingdom Distance Selling Legislation and once we process your order, your order cannot be cancelled or returned.
2.5. Orders are sent by First Class standard post. Orders with Recorded Delivery receive a tracking number which may be obtained by you at any time. Once they leave the warehouse, we cannot be held responsible for the order. If an order that was sent by First Class recorded delivery goes missing, then we will attempt to claim compensation from Royal Mail. If the claim is successful, then we will contact you to arrange a replacement or a refund.
2.6. Because we rely on third parties to deliver your orders, we cannot be held responsible for their reliability and accuracy.
2.7. If products are returned to us as undelivered, they will be subject to an additional charge before being re-shipped. Alternatively, we may refund you the cost of the products minus the delivery charge and an administration fee – Please refer to our “returns and refunds” policy for reference.
International Delivery and Shipping
2.8. Delivery will be made to the address which you provide to us as the delivery address when submitting your order.
2.9. We currently deliver anywhere in the world. However we have on our shipping list in Europe France, Germany, Italy, Portugal, Spain (mainland) and Ireland. If you live anywhere else in the world, please contact us before your purchase and we will supply a current shipping price before you decide on your purchase.
2.10. We will do our best to deliver the goods within 30 days of the date of your order, but we will not be liable for delay in delivery arising as a result of any cause beyond our reasonable control.
2.11. There is NO complimentary shipping for products outside the UK at this time.
2.12. Delivery times vary depending on what time the order reaches us and the next available posting date. We aim to deliver within 3-10 working days for stock items. If an item is out of stock, we will contact you immediately by email to notify you of an expected delivery date or to offer you a refund.
For deliveries of out of stock items, please allow an additional 10-14 working days.
We do send an email notification once your item has been shipped.
2.13. Any Special Order items (see the individual item description) do not fall under the United Kingdom Distance Selling Legislation and once we process your order, your order cannot be cancelled or returned.
2.14. Because we rely on third parties to deliver your orders, we cannot be held responsible for their reliability and accuracy.
2.15. If products are returned to us as undelivered, they will be subject to an additional charge before being re-shipped. Alternatively, we may refund you the cost of the products minus the delivery charge and an administration fee – Please refer to our “returns and refunds” policy for reference.
3.0. If any product you purchase develops a fault within 12 months of the date of dispatch, simply email us at email@example.com stating your name, a description of the goods, the reason for return and your order number, and await further instructions via email before returning any items.
3.1. After receiving instructions from us, return it to us with proof of purchase and written details of the fault and we will send you a replacement (or the closest available equivalent)
4.0. If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
Changes Beyond our Control
4.1. We may have to make changes for unusual and unforeseeable circumstances beyond our control, the consequences of which either Pink Daisy Bridal, our associates or the suppliers cannot avoid. Examples (without affecting the general wording) are war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions or other events beyond our control.
4.2. In these circumstances, we will endeavour to reschedule your delivery or at our discretion substitute goods and services comparable to those previously agreed upon, if such goods and services are unavailable.
5.0. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
5.1. If you breach these terms and conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the terms and conditions.
5.2. We will not be responsible for any breach of these terms and conditions caused by any circumstances beyond our control.
5.3. A Person who is not party to these terms and conditions shall have no right under the contract (Rights of Third Parties Act 1999) to enforce any of these terms and conditions, but this shall not affect any right or remedy of a Third Party which exists or is available apart from that Act.
5.4. These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and any disputes will be decided only by the English Courts.
5.5. We reserve the right to cancel, suspend or delay delivery of an order without being liable for any loss or damage if the supply of the goods is prevented or delayed for circumstances beyond our control.
5.6. If you have any questions about an item, please contact us at firstname.lastname@example.org before you order. “We are always happy to help”.
5.7. Our exchange and returns policy is designed to protect our customers and keep our costs and consequent prices down.
5.8. The content in our website may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or any other information without obligation to issue any notice of such changes
5.9. These terms and conditions do not affect your statutory rights.
Gift Vouchers / Credit Notes
6.0. Gift Vouchers can be ordered online and are ideal for last minute presents.
6.1. Vouchers and Credit Notes are valid for one year from the date produced.
7.0. The Copyright trademarks, database and other intellectual property rights in all material on the website are owned by us or our licensees.
7.1. You may retrieve and display the content of the website on a computer screen and print a copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and property notices.
7.2. You must not otherwise reproduce, modify, copy, distribute or use it for commercial purposes any of the materials or content on the website without our prior written permission.
7.3. All trademarks and logos displayed on the website are either registered or unregistered trademarks of their rightful owners. You may not use any trade marks without the written permission from their owners.
International Terms and Conditions
8.0. We make no promise that material on the website is appropriate or available for use in locations outside the United Kingdom, and accessing the website from territories where its contents are illegal or unlawful is prohibited.
8.1. If you are accessing this site from outside the United Kingdom, then you are responsible to ensure compliance with any local laws if such laws are applicable.
8.2. Please read through our terms and conditions throughout carefully, as making a purchase is acceptance of those terms and conditions.
8.3. The customer is responsible for the importation of products into their Country and must obey the regulations concerning the customs requirements.
8.4. For delivery charges to your country, please email us at email@example.com and we will provide you with the delivery charge.
9.0. We shall be under No liability in respect of any defect arising from fair wear and tear, negligence, abnormal working conditions, wilful damage, misuse or alteration or repair of the ordered goods, without our approval.
9.1. We will not have any responsibility for any damage which occurs to the Goods after delivery.
9.2. We do not accept any responsibility for any wear and tear, accidental damage, or failure by you or by any third party who do not adhere to any written recommendation provided in relation to the Goods.
Limitations on use of website
10.0. You are prohibited from posting or transmitting to or from the website any material:
10.0.1. …that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience, or…
10.0.2. …for which you have not obtained all necessary licences and/or approval, or. . .
10.0.3. …which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise by contrary to the law infringe the rights of any third party, in any country in the world, or…
10.0.4. …which is technically harmful (including, without limitation, computer viruses).
10.1. You may not misuse the website (including, without limitation, by hacking).
Links to and from the website & Advertising
11.0. Links to third party websites on the website are provided solely for your convenience. If you use these links, you leave this website.
11.1. We have not reviewed all of these third party websites and do not control them, and are not responsible for these websites or their content or availability.
11.2. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
11.3. You may activate any links on the site leading to websites which are not under the control of Smiley Myley and therefore any responsibility or liability for the material on the linked site is excluded by us.
11.4. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
11.5. Linking to this site is permitted by Smiley Myley only if in good nature.
Loyalty Points Program
12.0. For each full pound spent at Smiley Myley,
12.1. Loyalty Points are valid for 5 years.
Online Ordering and your Security
13.0. This website operates a shopping cart. Select the item/s you want, chose the options (size, colour, quality etc) and add to shopping cart.
13.1. On checkout, you will be taken to the payment and shipping page. All orders are encrypted for your security and we operate under a secure server, so you will see the padlock sign on your browser screen.
13.2. When you enter credit card details, your credit card details are encrypted. We take security seriously, and you should too. Never enclose card details in emails to us.
13.3. If we email you about your card, we will only specify the last four digits of the card number, nothing else.
13.4. All payments for Goods and the cost of packaging and delivery where applicable, must be made before the Goods are dispatched.
13.5. Payment online will be made by credit card or PayPal. We do not accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that payment has been paid.
14.0. Payment is by secure Debit/Credit card. All payments are entered on a secure 128bit encrypted page supplied by ‘WorldPay’ and not by our company. This means that your details are secure and at no time do our company or staff has access to your card details. They go direct to your bank and are not shared with any third party.
14.1. Payment via PayPal is also available. Please see the PayPal option in our shopping cart.
14.2. You will then receive a confirmation from ‘WorldPay’ confirming your payment and a similar email from Smiley Myley confirming your order.
15.0. The price of our goods shall be our quoted price in pounds sterling as default and is inclusive of VAT.
15.1. If any goods are shown on the website at an incorrect price due to a typographical or other error, we reserve the right to refuse to supply those goods to you at that price, provided that we notify you before we dispatch the item concerned.
15.2. All charges must be paid prior to delivery. Legal ownership of the goods remains with Smiley Myley until full payment has been received by us and the goods dispatched.
15.3. All published prices are subject to change at any time without notice.
16.1. Any information entered into www.smileymyley.co.uk is for the fulfilment of your order only. We may from time to time use the information to inform you of any offers or price reductions within our own product range.
16.2. We will give you the option to refuse any marketing emails and NO information will be passed on to any third party and is held securely in accordance with our GPDR policy. Please refer to our GDPR policy.
Registration and Membership for our Subscription boxes
17.0. In order to start your ongoing Smiley Myley monthly subscription, you must register a subscription account on our product page by clicking on the subscription box
17.1. To register the subscription service, you can simply provide basic information about your dog including its size (for optimal gift selection) your shipping information including your address and billing information, and your valid email and password to create your login profile
17.3. You are responsible for keeping your profile information up to date through your profile/account page which you have access to on the website.
17.4. As a registered user of Smiley Myley, you will be asked if you would like to receive the odd email message from us. We may from time to time also send you our newsletter. Again you will be asked if you would like to opt in to this.
17.5. As a subscribed member of Smiley Myley boxes, each month we will ship to you a package with a different selection of items for your dog that may consist a selection of toys, treats, shampoo, bones, hygiene products, food samples or other canine-related products.
17.6. Each month of your subscription, the selection of products may change, however Smiley Myley cannot guarantee that a selection available in a particular time frame will be available in any subsequent time frame.
Billing and Payments
17.7. The price of the service and/or goods is payable in full before delivery. We accept the following credit cards at this time: VISA, MasterCard, American Express, Discover (please check the footer of our website for an updated list) You will be automatically charged each month for your subscription box. However, we understand that at times you would like to pause the subscription plan for the odd month . . . You can pause it at any time by accessing your profile
Returns and Refunds
18.0. We believe that our products will live up to your highest expectations and our service to you must live up to the same quality of our products. Our staff are always happy to advise and help our customers select the best products or help, in the unlikely event of issues. Simply follow the instructions outlined below:
18.1. Under the Distance Selling regulation 2000, you are allowed to open the item to inspect the goods, but NOT use them! Care must be taken to avoid damaging the packaging as you may lose your rights to return the item.
18.2. The ‘goods’ must be returned in their original packaging unused, in undamaged stock condition suitable for resale, with all tags attached. You must pay the carriage cost of returning the goods. The goods must be returned within seven days of receipt of our email confirmation of the return and have given you a returns number.
18.3. If you wish to cancel your order and return the item/s, please send an email to firstname.lastname@example.org with details of your cancellation. You must state your name, a description of the goods, the reason for return and your order number, and await further instructions via email before returning any items. Emails are fine, but please ensure that you ask your email provider for a reader receipt, so that you know that we have received your message.
18.4. Charges for postage on returned goods must be paid for by the sender and when posting goods, it is advisable to keep ‘proof of posting’. A letter enclosed inside, explaining the reason for return must accompany the returned item/s along with a copy of the original invoice. A returns number must be obtained prior to sending your items back.
The returns number must be written on the returned product packaging – Failure to do so could result in a delay or refusal on a refund or replacement!
18.5. All products bought from our website are guaranteed. If a product arrives faulty, you may return it to us for a refund or exchange as per the instructions above (clause 18.3), unless a manufacturer’s guarantee has been issued, in which case you will need to contact the manufacturer.
18.6. Any use of the goods beyond that necessary to inspect them on delivery will invalidate your right to cancel the order.
18.7. If you remove any tags, or the item has been used, cleaned, damaged, soiled, the protective film/covers have been removed or if we believe the items have been damaged due to lack of care by yourself, then we reserve the right to refuse a refund or replacement. Items must also be odour free, including the smell of smoke and perfume. If damage is made when returning the goods back to us, then it is your right to seek compensation from your carrier you used.
18.8. All items must be returned in ‘as-new’ condition. This means lingerie must be unworn, unwashed and retain all its labels and tags.
18.9. Any returned goods that we receive which are outside of our returns policy, will be deemed as “Disputed”. Such disputed items will not be refunded or exchanged and a reason for this decision will be provided if requested.
We are happy to re-ship such disputed items back to you at a cost to yourself; otherwise they will be destroyed within 90 calendar days from their receipt back to us.
18.10. We are unfortunately unable to issue refunds to a third party, only to the card that was originally used.
18.11. Goods returned for exchange or gift vouchers must in all respects be in the condition you received them.
18.12. PayPal refunds can only be issued up to 60 days after the initial order. If for whatever reason we need to refund you after the 60 days have expired, then you will be responsible for PayPal’s charges for receiving the money from us.
18.13. If an order or product has been returned to us that was paid for with a credit note or a gift voucher, then a refund will be issued in the form of another credit note or gift voucher.
18.14. If you have paid p&p on your order, then we reserve the right not to refund this cost to you. If you return an item, we will only refund the cost of the goods to you.
Delivery charges will not be refunded in the case of a return, however, with replacement items, you will not be charged again for delivery.
18.15. As soon as we receive your refunded items, we will process your request and either credit your account or dispatch a replacement order. In the event of your substitute item being out of stock, we will be in touch.
18.16. We will not offer a full refund on items returned that have clearly been used and are not in their original condition and packaging. We will charge a re-stocking fee for those items at our discretion.
18.17. Refunds and exchanges are made approximately five working days after receipt of items to allow for inspection. Replacement items held in stock will be dispatched within seven working days.
If your chosen substitute is not in stock, we will contact you to ask if you are prepared to wait until we restock the items or if you would prefer a refund.
18.18. We cannot be held responsible for orders lost in transit. We recommend that you send items by recorded delivery and retain the ‘certificate of posting”. This is for your own protection as “proof of posting” is not a “proof of delivery”. If items go missing, it is the customer’s responsibility to claim from Royal Mail and we will help you with any investigation enquiries.
18.19. Before contacting us, please take note of the timescales required to process a refund:
18.19.1 – *For a full refund on your purchase, we need to have notice by email of your refund and reasoning's seven (7) days from receipt of your item. This should give you more than enough time to have checked your purchase for size etc. If you inform us of your wish for a refund AFTER this period, we will offer you either an exchange or a credit note for the value of your purchase.
18.19.2 – We require 5 working days from receipt of a return for us to inspect the item and process a refund.
18.19.3 – Please allow a further 5-10 working days for the refund to be credited to your account. This time frame is dictated by PayPal, your bank or card issuer and is outside of our control.
The refund for the goods returned will be in the form of the original payment, either to the debit card, credit card used or to your PayPal account.
18.20. Clearance and/or sale items cannot be returned unless they are faulty, so please be sure of your selection before ordering.
This does not affect your statutory rights.
18.21. If you notify us of your cancellation after the seven day statutory cooling-off period, goods returned to us can only be exchanged for replacement goods or gift vouchers.
Goods returned for exchange or gift vouchers must in all respects be in the same condition you received them. This offer applies for three months from the date of purchase and is in addition to you statutory rights.
18.22. If, for any reason, our policy for returns is not adhered to in any way, the item will be returned back to the customer and no refund will be offered.
Packaging the item for return:
18.23. Please package the items you are returning in the same way it was sent to you. Product boxes must be protected with outer packaging without damaging the product box.
18.24. Please do not wrap the original items in packaging tape or stick labels on it; we prefer that you re-use the original packaging box that the items were dispatched to you in. Product boxes returned damaged cannot be accepted for return. Please ensure all original packaging, tissue paper, and item plastic bags are also returned.
Faulty, damaged Goods or Items Received in Error
18.27. In the unlikely event that an item arrives to you is faulty, damaged or sent in error, firstly, DO NOT WORRY!. Please notify us ASAP or within 3 working days of receiving the items at email@example.com
18.28. You may initially be asked to provide us with photographic evidence/images via email prior to returning it to us, to initially inspect the problem and advise you. Our customer services team will advise you on the next steps and help you through the process.
Please note, we are unable to accept returns for the following items, unless faulty:
Risk and Ownership
19.0. The Risk of loss or damage to Goods passes on to you upon delivery. If you have agreed to collect the Goods from us, the risk in those Goods passes to you on collection.
19.1. Ownership in all Goods remains with us until full payment of all amounts due to us has been received from you.
Service access and limitations on use of this website
20.0. While we endeavour to ensure that the website is normally available 24 hours a day, we will not be liable if for any reason the website is unavailable at any time or for any period.
20.1. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance, and repair or for reasons beyond our control.
20.2. We will not be liable for any incompatibility of the website with any of your equipment, software or telecommunications or the failure of the website to meet your requirements.
Your right to cancel
21.0. You have the right to cancel any order within seven days of receipt of the goods from us, with the exception of the following (unless they are faulty):
….any goods that have been supplied to your specifications or clearly personalised….
….any goods which, by reason of their nature, cannot be returned (e.g. Personal products, vibrators and creams) or which are liable to deteriorate or expire rapidly.
21.1. Please send your notice of cancellation by email to firstname.lastname@example.org stating your name and order number and details of the cancellation. Please ensure you receive confirmation of cancellation and a cancellation number before returning us your goods.
21.2. If the goods have already been dispatched at the date of receipt of cancellation, you must return the goods to us unused and with the original packaging intact and repackaged securely to the address given in our reply to your email, and we will credit your credit/debit card or reimburse you by your method of payment with the price of the goods, within 30 days beginning with the day on which notice of cancellation was given.
21.3. If you do not return the goods within 30 days of your notice of cancellation, you will be deemed to have accepted the goods and you will be charged for them.
21.4. Please order with care, and contact us in case of any query you may have. We appreciate some customers may fall between sizes or may like to check how particular designer sizes run. So please enclose measurements and additional details in case of an enquiry.
Asking before you order can often save yourself and us time and money.
21.5. Items must not have been worn and must be in their original condition and packaging. If exchanging, please let us know the new size or alternative item required, so it can be sourced while the item is on its way back, thus limiting delays as far as is possible.
21.6. If you wish to return an item/s, please contact us in writing by email quoting your original order number, which is on your order confirmation email.
21.7. Do not return any item before we have replied to you!
You are solely responsible for determining if the products are suitable for use or consumption by your dog. We are not able to provide any assurances regarding allergies!
Under no circumstances will we be liable for any loss or damage caused by your use of products or your reliance on information in any of the content on this website.
If you would like further information on any of our policies or the above Terms & Conditions, please contact us at email@example.com where we will do our best to answer your questions as clearly as we can. Our office is operated during normal working hours.