Terms Of Service

GENERAL INFORMATION

This website is operated by Happy Brand. Throughout the site, the terms “we”, “us” and “our” refer to Happy Brand and offers this website, including all the information, tools and services available to you on this site, the user, is conditioned to the acceptance of all the terms, conditions, policies and notifications established here.

By visiting our site and / or purchasing something from us, you participate in our “Service” and agree to the following terms and conditions (“Terms and Conditions”, “Terms”), including all additional terms and conditions and policies to which referenced herein and / or available via hyperlinks. These Terms of Conditions apply to all users of the site, including without limitation users who are browsers, suppliers, customers, merchants, and / or content contributors.

Please read these Terms of Conditions carefully before accessing or using our website. By accessing or using any part of the site, you are accepting the Terms of Conditions. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use any of the services. If the Terms of Conditions are considered an offer, acceptance is expressly limited to these Terms of Conditions.

Any new features or tools added to the current store will also be subject to the Terms of Conditions. You can review the updated version of the Terms of Conditions at any time on this page. We reserve the right to update, change or replace any part of the Terms of Conditions by posting updates and / or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

Our store is hosted by Shopify. They provide us with the online e-commerce platform, which allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any of your dependents minors to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit viruses or any code of a destructive nature.

Failure or violation of any of these Terms will result in the immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse the provision of service to anyone, for any reason and at any time.

You understand that your content (not including your credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to adjust or adapt to technical networking or device connection requirements. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without the express permission of written from us.

The titles used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without first consulting more accurate, complete or timely information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of the content) at any time without prior notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuity of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be exclusively available online through the website. These products or services may have limited quantities and be subject to return or exchange according to our return policy only.

We have made an effort to display the colors and images of our products, in the store, with the highest possible color accuracy. We cannot guarantee that your computer monitor will display colors accurately.

We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region, or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services that we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.

We do not guarantee that the quality of the products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address.

In the event that we make a change or cancel an order, we may attempt to notify you by contacting us via email and / or billing address / phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate information on the purchase and account used for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

For more details, please review our Returns Policy.

SECTION 7 – PRICES AND PAYMENT

Agreed prices are exclusive of VAT and other governmental levies. 

All invoices must be paid within 14 business days of the invoice date, without any reduction. 

In the event of late payment, you will be in default by operation of law and will be required to pay statutory interest (within the meaning of Article 6:199(a) of the Duch Civil Code) with effect as from the invoice date. 

You shall pay all the judicial and extrajudicial costs that we may incur due to the fact that you fail to fulfill your obligations properly and on time.

You do not have the right to offset (verrekenen) or suspend (opschorten) any of your payment obligations.

SECTION 8 – DELIVERY OF PRODUCTS 

The delivery will be carried out by a postal or courier company, such as PostNL and DHL. Happy Brand is not liable for delays in delivery or incorrect delivery. 

We reserve the right to make partial deliveries and issue partial invoices connected therewith. 

Delivery terms and times quoted or agreed will not be considered to be a final deadline. 

If, for any reason whatsoever, you fail to accept delivery or timely delivery of products offered for delivery, all costs incurred in vain by Happy Brands connection with the offer and any additional costs of transport, custody and storage will be for your account. The risk will also pass at the time at which Happy Brand offers the products for delivery and you fail to accept delivery.

SECTION 9 – INTELLECTUAL PROPERTY

All intellectual property rights in respect of the products will vest in Happy Brand. 

You acknowledge that you obtain no rights in or claims to any intellectual property rights in Happy Brand. 

You shall not alter the design, artwork, labels, imprints or any other aspect of the product delivered to you, and you shall not alter the quality or specifications of the products delivered to you.

SECTION 8 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to these types of tools “as is” and “as available” without warranties, representations or conditions of any kind and without any endorsement. We will not have any responsibility derived from or related to your use of tools provided by third parties.

Any use you make of the optional tools offered through the site is at your own risk and discretion and you must ensure that you are familiar with and approve of the terms under which these tools are provided by the third-party provider (s).

It is also possible that, in the future, we will offer you new services and / or features through the website (including the launch of new tools and resources). These new features and / or services will also be subject to these Terms of Conditions.

SECTION 9 – THIRD PARTY LINKS

Certain content, products and services available via our Service may include material from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any third party materials, products or services.

We are not responsible for any damage or damage related to the acquisition or use of goods, services, resources, content, or any other transaction carried out in connection with third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, participation in contests) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, either online, by email, by postal mail , or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or use by any means comments that you have submitted to us. We have no obligation (1) to keep any comments confidential; (2) to pay compensation for comments; or (3) to respond to comments.

We can, but have no obligation, to monitor, edit or remove content that we consider to be illegitimate, offensive, threatening, libellous, defamatory, pornographic, obscene or objectionable or violates the intellectual property of any of the parties or the Terms of Conditions.

You agree that your comments will not violate the rights of third parties, including copyright, trademark, privacy, personality or other personal or property rights. Likewise, you agree that your comments do not contain defamatory or illegal, abusive or obscene material, or contain computer viruses or other malware that could, in any way, affect the operation of the Service or any related website. You cannot use a false email address, use another identity that is not legitimate, or deceive third parties or us as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We are not responsible and do not assume any obligation with respect to the comments posted by you or any third party.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, prices, promotions, offers, product shipping costs, transit time and the availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order) .

We do not undertake any obligation to update, correct or clarify information in the Service or on any related website, including, without limitation, pricing information, except where required by law. No updated specification or update date applied to the Service or to any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as established in the Terms of Conditions, the use of the site or its content is prohibited: (a) for any illegal purpose; (b) to ask others to carry out or participate in illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe or violate the intellectual property right of us or of third parties; (e) to harass, abuse, insult, damage, defame, slander, discredit, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or may be used in any way that may compromise the functionality or operation of the Service or any related website, other sites or the Internet; (h) to collect or track personal information of others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other sites or the Internet. We reserve the right to suspend use of the Service or any related website for violating any of the prohibited uses items.

SECTION 14 – EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee or warrant that the use of our service will be uninterrupted, punctual, secure or error-free.

We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove service for indefinite periods of time or terminate service at any time without prior notice.

You expressly agree that your use of, or the ability to use, the service is at your own risk. The service and all products and services provided through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event will Happy Brand, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damage, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of income, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or of otherwise, as a consequence of the use of any of the services or products acquired through the service, or for any other claim related in any way to the use of the service or any product, including but not limited to any errors or omissions in any content , or any loss or damage of any kind incurred as a result of using the service or any content (or product) published, transmitted, or made available through the service, even if it is advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Happy Brand and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable fees from lawyers, made by any third party due to or as a result of your breach of the Terms of Conditions or the documents that they incorporate as reference, or the violation of any law or the rights of or third party.

SECTION 16 – SEVERABILITY

In the event that it is determined that any provision of these Terms of Conditions is illegal, null or unenforceable, said provision will be, however, effective to obtain the maximum extent allowed by applicable law, and the non-enforceable part will be considered separate from these Terms of Conditions, such determination will not affect the validity of applicability of the other remaining provisions.

SECTION 17 – TERMINATION

The obligations and responsibilities of the parties that have incurred prior to the termination date will survive the termination of this agreement for all purposes.

These Terms of Conditions are effective unless and until terminated by either you or us. You can terminate these Terms of Conditions at any time by notifying us that you no longer wish to use our services, or when you stop using our site.

If, in our judgment, you fail, or it is suspected that you have failed, to comply with any term or provision of these Terms of Conditions, we may also terminate this agreement at any time without notice, and you will remain responsible for all amounts due until including the termination date; and / or consequently we may deny you access to our services (or any part of it).

SECTION 18 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Conditions will not constitute a waiver of such right or provision.

These Terms of Conditions and the policies or operating rules posted by us on this site or with respect to the service constitute the entire agreement and understanding between you and us and govern the use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Conditions).

Any ambiguity in the interpretation of these Terms of Conditions will not be construed against the drafting group.

SECTION 19 – LAW

These Terms of Conditions and any separate agreements in which we provide you services will be governed and interpreted in accordance with the laws of the Netherlands. 

SECTION 20 – CHANGES TO TERMS OF CONDITIONS

You can review the most current version of the Terms of Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Continued use of or access to our website or the Service after the posting of any changes to these Terms of Conditions constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Conditions should be sent to support@happybrandofficial.com