HAPPIEST BABY, INC.
TERMS AND CONDITIONS OF SALE
Updated November 4, 2019
In these Terms of Sale, when we refer to "HBI", "we", "us" or "our", we are referring to Happiest Baby, Inc. with registered address of 3115 South La Cienega Boulevard, Los Angeles, California 90016, which is also our main trading address.
1) YOUR ACCEPTANCE
A. By purchasing any product, digital content and/or gift cards (“Product(s)”, "Digital Content" or “Gift Card(s)”) from us whether through happiestbaby.eu or one of our apps or other websites (the “Websites”) or otherwise, you signify your agreement to these terms and conditions (the “Terms of Sale”). If you do not agree to any of these Terms of Sale do not purchase Products or Services from HBI.
B. These Terms of Sale are only available in English. Please read these Terms of Sale carefully before ordering any Products or Services. If you do not agree to all the Terms of Sale, then you will not be able to order any Products or Services from our Websites. You should print a copy of these Terms of Sale, or save them to your computer, for future reference.
C. You can review the most current version of the Terms of Sale at any time at this page. We may update, change or replace any part of these Terms of Sale to reflect changes to our Products, Services, Websites, our users' needs, our business priorities or changes in law. If we change these Terms of Sale, we may notify you on the Websites. Every time you place an order on the Websites please check these Terms of Sale to ensure you understand the legal terms and conditions that apply at that time.
2) PRICES; SHIPPING AND TAX
All prices on the Websites are shown in € EUR; inclusive of any taxes, but exclusive of shipping and handling charges which are shown separately. All items are subject to availability and HBI reserves the right to impose quantity limits on any order, to reject all or part of an order. All prices are subject to change without notice. You agree that you are responsible for paying any taxes applicable to your purchases from us. We reserve the right to prohibit purchases of any Products to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
3) AVAILABILITY, ERRORS & INACCURACIES
Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted by us, or shipped, or that the price or availability of an item has been confirmed. Your order is subject to rejection by HBI, in HBI’s sole discretion, at any time before we accept it. Unless otherwise agreed to by HBI, payment must be received by HBI prior to our acceptance of an order.
We attempt to be as accurate as possible and eliminate errors on our Websites; however, we do not promise that any Product or Service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on a Website, in an order confirmation, in processing an order, delivering a Product or Service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. However, in the case of such error, you may also cancel your order and obtain a refund.
4) SHIPPING & HANDLING; RISK OF LOSS; NO EXPORT BY YOU
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. When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Websites when your order is placed. You agree to check all charges before placing an order for Products or signing up for Services. If specified, certain items may be eligible for pick up at one of our authorised representative’s locations with free shipping to that point (however, some exclusions may apply,). Generally, shipping is by standard ground delivery unless you specify an expedited delivery. Any shipping times shown on the Websites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of our Products for export out of the country to which you indicated in your order that the Product is to be shipped.
5) PAYMENT; CREDIT FOR REFUNDS
Only valid credit cards or other payment method stated as acceptable to us may be used, and all refunds will be credited to the same card or, other payment method. By submitting your order, you promise that you are authorised to use the designated card or method and authorise us to charge your order (including taxes, shipping, handling and any other amounts described on the Websites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You must resolve any problem we encounter in order to proceed with your order.
All Products sold by us are for your personal use only. You agree to use the Product only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Product. You agree not to do any of the following:
a) License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Product other than as authorized by HBI;
b) Attempt to probe, scan, or test the vulnerability of any Product or breach any security or authentication measures, or to modify, make derivative works of, disassemble, reverse engineer, decompile or otherwise attempt to gain the source code for any Product except as expressly permitted by law;
c) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HBI or any of HBI’s providers or any other third party (including another user) to protect the Product;
d) Access the Product in order to build a similar or competitive offering to HBI;
e) Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, or properties connected to the Product;
f) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail- bombing the Service;
g) Breach any applicable law or regulation; or
h) Encourage or enable any other individual to do any of the foregoing.
HBI is not responsible for damage or liability caused by (i) use of the Products or Services for purposes other than for which the Products or Services are designed or intended, or use in improper temperature, humidity or other environmental conditions, or use of the Products or Services in breach of written instructions provided by HBI (which may be provided at the time of purchase or on the Websites), (ii) normal wear and tear or aging, or improper repair, operation or maintenance or connections to improper voltage supply or attempted repair by anyone other than a facility authorized by HBI to service the Products.
7) REVIEW OF ORDERS
As part of our order processing procedures, we may screen received order requests for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If we suspect fraudulent, unauthorised or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.
8) CANCELLATION POLICY
For a Product(s) bought via the Websites you have a right to change your mind within the periods set out below. However, you will not have this right for Gift Cards, or any Digital Content you stream or download (please also see further below about Digital Content).
For all Products, you have 30 (thirty) days after the day you (or someone you nominate) receives the Product(s).
For any Digital Content we provide, we will deliver this Digital Content to you immediately, and you will have agreed to this when ordering, so you will not have a right to change your mind.
To cancel, please contact a customer support representative at HBI, or email us at firstname.lastname@example.org that includes: (1) your name, (2) your address, and (3) a clear statement that you wish to cancel. You may also use the form here, but it is not mandatory. Your cancellation is effective from the date you contact us, as long as you do so 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 14 (fourteen) days from the day we receive the Products back, or you provide evidence that you have returned them (please see our 'Returns Process' below). We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop, or failure to return any accessories. We will make all refunds 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 items that are faulty, not as described, or not provided with reasonable care and skill. These legal rights are not affected by anything in these Terms of Sale. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
9) RETURN PROCESS
To return a Product to us, you must first obtain a Return Merchandise Authorization (RMA) number from a customer support representative at HBI. We may ask for additional information upon request. All returns must be postmarked within 10 (ten) days of requesting a Return Merchandise Authorization (RMA). Once an RMA number is obtained, your Product must be shipped freight: (i) prepaid at our expense for the SNOO Smart Sleeper, and for any defective Product(s) and; (ii)prepaid at your expense at a cost of 7.50 EUR for all other Product(s), which shall be charged to your payment method, together with a valid receipt for proof of purchase all accessories, either its original packaging or packaging affording an equal degree of protection, to the HBI authorised distribution facility identified by our customer support representative.
10) THE PRODUCTS ARE NOT MEDICAL DEVICES
Neither the SNOO Smart Sleeper nor any of the other Products offered by HBI are medical devices. HBI makes no statement that the use of any Product or Service (with or without any third-party product or service) constitutes medical treatment. You understand and acknowledge that neither HBI’s Products nor its associated Services will dispatch emergency authorities in the event of an emergency. Furthermore, HBI’s customer care and support contacts cannot be considered a medical resource. If you have an emergency or a medical concern, it is your responsibility to seek medical assistance.
11) LIMITATION OF LIABILITY
Nothing these Terms Of Sale shall exclude or limited (a) any person's liability for death or personal injury caused by negligence or (b) liability for fraud. Nothing in these Terms of Sale is intended to affect your legal rights as a consumer.
HBI will not be liable to you for any losses or damages suffered by you that: (i) were not reasonably foreseeable by you and us at the time you accepted these Terms of Sale - loss or damage is reasonably foreseeable if either it is obvious at the time you accepted these Terms of Sale that it may happen or, both you and we knew it might happen, for example, if you and we discussed it; or (ii) are not caused by us breaking a term of these Terms of Sale or any other failure by us.
We will do our best to resolve any disputes over these Terms of Sale.
These Terms of Sale, their subject matter and its formation, are governed by English law. However, if you are a consumer and resident of any 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 Sale 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 country you and we may also bring proceedings in that country.
In addition, if you reside within the European Union, you may also be able to refer a dispute to the European Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use. Happiest Baby has discretion as to whether it will agree to a complaint being resolved through the ODR platform.
13) GENERAL TERMS
If a court finds part of these Terms of Sale illegal, the rest will continue in force. Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms of Sale, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Sale or if we delay in taking steps against you in respect of your breaking these Terms of Sale, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
HBI may provide notifications to you as required by law or for or other purposes via (at its option) email to the primary email associated with your account, mobile notifications, hard copy, or posting of such notice on our Websites. HBI is not responsible for any automatic filtering you or your network provider may apply to email notifications.
In the event of any questions or comments or to request further information, we may be contacted at 3115 South La Cienega Boulevard, Los Angeles, California 90016, or by email at email@example.com.