TERMS OF USE
Welcome to Happy Bum Co doing business online as happybumco.com (the "Site"). Happy Bum Co provides products and services to you when you visit or shop at happybumco.com. By using our services and/or registering on our site, you (Buyer) are accepting the terms of this user agreement. This agreement describes the terms and conditions applicable to your use of our services available under the happybumco.com. website. (the "Site") If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. You must read, agree with, and accept all of the terms and conditions contained in this User Agreement. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall be effective immediately after they are initially posted on the Site. This Agreement is effective upon acceptance in registration for new registering users, and subsequent updates are applicable to all users.
PRIVACY
Please review our Privacy Notice, which regulates your use of Happy Bum Co Services, to understand our practices
APP PERMISSIONS
When you use apps created by Happy Bum Co, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
BASIS OF SALE
"Seller" means Happy Bum Co. "Buyer" means the person who purchases the Goods. "Order" means the Buyer's order for Goods or services. "Goods" means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business. These Terms and Conditions of Business and any Special Conditions contains all of the terms and conditions pursuant to which Seller will provide the Goods and any services. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer. The Seller's employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
ORDERS AND SPECIFICATIONS
All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice.
DELIVERY
The normal method of delivery shall be regular postage. The place for delivery of the Goods will be as shown on the Order form. The Seller will endeavours to process the Order within the time period stated for each item, however, because manufacturing time varies by item of Goods, the Seller reserves the right to combine items into one shipping package or to ship items separately. Delivery time quoted are estimates only. Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods however caused. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The Buyer may not reject the Goods or any part of them on any circumstances. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer. If the buyer fails to accept the delivery of the Goods, the Seller will be under no obligation to issue a refund.
Delays: Happy Bum Co will always make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the process. In case of delay caused by technical difficulties, rush charges/fees will be refunded or waived where applicable. However, technical difficulties will not be the grounds for order cancellation.
Happy Bum Co will always make sure that any production difficulties do not delay delivery schedules. In no case shall Happy Bum Co be liable for any consequential or damages resulting from any delay in shipment or delivery. All Happy Bum Co customers agree not to hold Happy Bum Co liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Happy Bum Co’s direct control. Happy Bum Co shipment and delivery dates are calculated based upon estimates provided by our suppliers.
PRICE, PAYMENT AND CURRENCIES
Prices are listed on www.happybumco.com and all products are inclusive of GST. The Buyer shall be responsible for Payment of Goods in full at the time of order by credit card/debit card. The Buyer shall be responsible for all applicable taxes, including taxes applicable in the territory to which the Goods are sent. Payment must be made by credit card or debit card or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller's credit card, debit card or PayPal details before accepting the Buyer's Order. All orders will be paid in $AU. The buyer guarantees that all details and information provided with the order are correct
COPYRIGHT
All material and software are Copyright (c) 2017 Happy Bum Co. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Happy Bum Co website and/or its subsidiaries; or the copyrighted property of parties from whom Happy Bum Co has licensed such property.
You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Happy Bum Co Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. Happy Bum Co policy also states that you cannot use explicit language or pornography on printed materials and merchandise.
CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Happy Bum Co, are entirely responsible for all Content that you use from Happy Bum Co Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of Australia, or a threat of blackmail; (iii) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Happy Bum Co or any third party. Under no circumstances will Happy Bum Co be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.
We do not print adult content (art is accepted), copyrighted material, discriminatory material, or money. We reserve the right to deny services without a disclosed reason for objectionable content.
Products and services are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
DISCLAIMER OF WARRANTIES
This site, including all content, functions, and information, which is made available on or accessed through the site, is provided on an "as is" "as available" basis without representations or warranties of any kind whatsoever, express or implied, including without limitation non-infringement, merchantability, or fitness for a particular purpose. Happy Bum Co does not warrant that the site or its functions, features, or content contained therein will be timely, secure, uninterrupted or error-free. Or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users.
GOVERNING LAW
The internal laws of the Australia shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state's conflicts of laws and principles. You consent to the exclusive jurisdiction and venue of the courts located in Australia for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.
LEGAL FEES
If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Party for the prevailing Party’s reasonable attorney’s fees and costs incurred both at trial and on any appeal.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Happy Bum Co - including its officers, directors, employees, representatives, successors, assigns or affiliates (collectively, the "covered parties") - be liable for any injury, death, loss, claim, damage, act of god, accident, delay, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of this site or with any delay or inability to use this site, or for any information, software, products or services obtained through this site, even if a party has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, therefore some of the above exclusions may not apply to certain users. In no event shall the covered Party’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to negligence), arising from this agreement or your use of the site, exceed the amount paid by you to Happy Bum Co.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom Happy Bum Co has licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any protected area of the Site, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.
YOUR ACCOUNT
If you use any Happy Bum Co Service, it is your sole responsibility to maintain confidentiality of your account and password, and to restrict access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Happy Bum Co sells products only to adults, not children, who can purchase with a credit card or other permitted payment method. Those under the age of 18-years-old may use Happy Bum Co services only with the involvement of a parent or guardian. Happy Bum Co reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
RETURNS AND REFUNDS
Full refund for returns within 30 days of purchase. Enema kit must be unopened and in original packaging for return. Buyer pays postage. Faulty products refunded in full.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the Customer in submitting the proper shipping address, Happy Bum Co will reship the package with the corrected address and charge an additional shipping fee for the shipment.
CREDIT CARD CHARGES
No additional credit card charges will be added by Happy Bum Co. Credit Card charges may apply to individual credit card holders.
CHECKS
Please be advised that we do not accept checks from first time customers. If you have any questions, please email us at [email protected] or contact our Accounting Department.
Important: Your order will not be processed until payment is received.
CONTACT INFORMATION
Happy Bum Co
www.happybumco.com
ABN: 47 377 493 969
Latest Revision April 4, 2018