Terms of Service
OVERVIEW
Welcome to HappyScrub! The terms “we”, “us” and “our” refer to HappyScrub. HappyScrub operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). HappyScrub is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (available on our website). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. HappyScrub reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until HappyScrub confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as HappyScrub may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by using the contact details provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by HappyScrub, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.
Unauthorized use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by HappyScrub.
HappyScrub’s names, logos, product and service names, designs, and slogans are trademarks of HappyScrub or its affiliates or licensors. You must not use such trademarks without prior written permission.
Shopify’s names, logos and trademarks remain the property of Shopify.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to optional tools or features offered by third parties. We provide access to such tools “as is” and “as available” without warranties or assurances of any kind. Your use of optional third-party tools is entirely at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party site. We are not liable for any harm or damages related to your purchase or use of any third-party websites, products, services, or content.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
HappyScrub is powered by Shopify, which enables us to operate our online store. However, all sales are made directly between you and HappyScrub. Shopify is not responsible for any aspect of your transactions with us.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that Shopify may also collect and process personal information in order to provide the Services.
SECTION 11 - FEEDBACK
If you submit any ideas, feedback, reviews, or suggestions (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, modify, and publish such Feedback for any purpose.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be errors or omissions on the Services, including product descriptions, pricing, promotions, shipping times, or availability. We reserve the right to correct these issues at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may not use the Services for any unlawful, harmful, fraudulent, or prohibited purpose, including transmitting malicious code, violating intellectual property rights, or interfering with the operation of the Services.
SECTION 14 - TERMINATION
We may terminate or restrict your access to the Services at any time without notice. Certain sections of these Terms will survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
Except as expressly stated by HappyScrub, the Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, HappyScrub, Shopify, and all affiliated parties shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or products.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless HappyScrub, Shopify, and their affiliates, partners, and employees from any claim arising from your breach of these Terms or misuse of the Services.
SECTION 18 - SEVERABILITY
If any part of these Terms is found unlawful or unenforceable, the remainder will still apply.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and HappyScrub regarding the Services.
SECTION 20 - ASSIGNMENT
You may not assign your rights under these Terms. We may assign our rights without notice.
SECTION 21 - GOVERNING LAW
These Terms are governed by the laws of the jurisdiction where HappyScrub is headquartered.
SECTION 22 - HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We may update or change these Terms at any time. Continued use of the Services means you accept the updated Terms.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us using the Contact option available on the HappyScrub website.