Terms & Conditions
The Terms of Use of Product Sales serve as a legally binding agreement between the Customer and HappyTummies Entity. By making a purchase, placing an order, or shopping on HappyTummies's Site, the Customer agrees to abide by these Terms and Conditions of Product Sales. It is important to note that these terms may be modified without prior notice, but the terms in effect at the time the Customer places an order will govern the transaction unless otherwise agreed upon in writing by both parties.
By using or purchasing products from HappyTummies's Site, users agree to the Terms of Service, which include additional terms and conditions, policies, and guidelines. These Terms of Service apply to all users of the site, including vendors, customers, and contributors of content, among others.
Before accessing or using any part of the Site, users must carefully read and agree to be bound by the Terms of Service. If users do not agree to the terms and conditions of this agreement, they are not permitted to use the website or any of its services.
The Terms of Service may be updated or changed at any time without prior notice, and any new features or tools added to the Site will be subject to the same Terms and Conditions. It is the responsibility of the user to review the most current version of the Terms of Service periodically, and their continued use of the Site constitutes acceptance of any changes made to the Terms.
By agreeing to these Terms and Conditions, the user represents that they are of legal age to enter into a binding contract, and that they will not use any of the products for illegal or unauthorized purposes. Any breach or violation of the Terms will result in an immediate termination of the user's Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason. You acknowledge that your content, excluding credit card information, may be transferred unencrypted and may undergo changes to conform to technical requirements of connecting networks or devices. 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 express written permission from us.
The headings used in this agreement are for convenience only and will not affect or limit these Terms in any way.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We cannot be held responsible if the information available on this site is not accurate, complete, or current. The material on this site is intended for general information purposes only and should not be solely relied upon for making decisions without consulting primary, more accurate, complete, or timely sources of information. Your reliance on the material on this site is at your own risk.
This site may contain historical information which is provided for your reference only and may not be current. While we reserve the right to modify the content of this site at any time, we are not obligated to update any information on our site. You agree that it is your responsibility to monitor any changes made to our site.
CHANGES TO THE SERVICE AND PRICES
Our product prices are subject to change without prior notice. We reserve the right to modify or discontinue any part or content of the Service without notice at any time. We shall not be held responsible for any modification, price change, suspension or discontinuance of the Service and any resulting damages, whether to you or any third party.
PRODUCTS OR SERVICES
Some of our products or services may only be available online through our website, and may have limited availability for returns or exchanges as outlined in our Return Policy. While we strive to accurately display the colors and images of our products on the website, we cannot guarantee that your computer monitor will accurately display these features.
We reserve the right to limit the sales of our products or services to specific individuals or regions, as well as limit the quantity of products or services sold. All product descriptions and pricing are subject to change without notice, and we reserve the right to discontinue any product at any time. Any offer for a product or service on our website is void where prohibited by law.
We do not guarantee that any products, services, or information obtained through our website will meet your expectations, or that any errors in the service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the right to decline any orders placed with us. We may choose, at our discretion, to restrict or cancel the amount of products bought per person, household, or order. These limitations could cover orders made under the same customer account, with the same credit card, or orders that use the same billing or shipping address. If we make changes to, or cancel an order, we may attempt to inform you by contacting the email address and/or billing address/phone number given at the time the order was placed. We reserve the right to limit or reject orders that, at our sole discretion, seem to be placed by dealers, resellers, or distributors.
You consent to providing current, accurate, and complete account and purchase information for all acquisitions made at our store. You also agree to update your account and other details, including your email address, credit card numbers, and expiration dates, promptly to enable us to complete your transactions and contact you if necessary.
Orders; Types; Payment Terms; Interest; Taxes
HappyTummies will only consider orders as valid and binding once it has been accepted by the company. Prior to initiating delivery, purchases must be prepaid. HappyTummies has the sole discretion to determine the terms of payment. The company offers two types of orders: One Time Orders and Subscribe and Save (RECURRING) Orders. It is the customer's responsibility to carefully select the service type they prefer. Customers who choose Subscribe and Save will receive 5-10% discount on subscribed products. Customers can make changes to their subscriptions such as modifying, changing, or canceling them at any time through their account. Please note that prior to charging for subscription orders, we will notify customers through their email. If the customer wishes to cancel their order, they must do so before it is created by the system on their selected day. Once an order is created and in the system, it cannot be refunded in any way. Invoices, if applicable, must be paid within the time period specified on the invoice, subject to continuing credit approval by HappyTummies. HappyTummies may invoice the customer separately for partial shipments. If a payment becomes past-due, the customer agrees to pay interest at the lower of one and one-half percent (1.5%) per month or the highest rate allowed by law. Unless HappyTummies specifically collects it, the customer is responsible for all applicable taxes and fees. The customer is also responsible for indemnifying and holding HappyTummies harmless from any applicable sales, use, transaction, excise or similar taxes (excluding taxes imposed or measured by HappyTummies net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on or associated with the order. Any applicable taxes or fees are based on the location to which the order is shipped. In case of a payment default, the customer will be responsible for all of HappyTummies's costs of collection, including court costs, filing fees, and attorney's fees.
CANELLATION POLICY
We offer a cancellation guarantee for all orders cancelled within one hour of placing the order. However, after one hour, we cannot guarantee cancellation. It's important to note that cancellations must be made before 11:59 PM EST Sunday-Thursday, after which we cannot process them. For Friday orders that have not yet been shipped, cancellations can be made until 11:59 PM EST on Sunday.
If a customer chooses to cancel their order for any reason, they agree to pay a cancellation fee of 5%. This fee covers non-refundable costs incurred by HappyTummies, such as credit card transaction fees, Shopify Platform fees, and labor fees. The cancellation fee will be deducted from the refund, with a maximum refund amount of 95% of the original order amount. The customer acknowledges and agrees to these terms when doing business with HappyTummies.
Warranty Disclaimer
Risk of Loss and Delivery
If the customer provides their own carrier account number or chooses a carrier that is not typically used by HappyTummies, the responsibility for the products and any damage or loss during shipment passes to the customer upon shipment from HappyTummies facility or vendor facility. However, for all other shipments, responsibility for the products and any damage or loss during shipment passes to the customer upon receipt by the customer. HappyTummies retains a security interest in the products until payment in full is received. The customer is responsible for all shipping and related charges, unless otherwise specified in writing.
HappyTummies is not responsible for any delays in delivery that are beyond its control, including product unavailability, carrier delays, extreme weather, power failure, labor issues, acts of war or terrorism, civil unrest, natural disasters, or actions of any government or agency. Any shipping dates provided by HappyTummies are estimates only. It is important to note that title to the product remains with the applicable licensor(s), and the customer's rights to the product are outlined in the license agreement between the licensor(s) and the customer.
DAMAGED PRODUCT:
If you have received a damaged item, we apologize for any inconvenience this may have caused. Please note that in most cases, the product itself is safe and can still be used even if the packaging is damaged. If the package and pouches are severely damaged, please contact us at Hello@HappyTummies.com with pictures of the damage and we will do our best to make it right for you as our valued customer.
INCORRECT PRODUCT:
We apologize if we made a mistake in processing your order. If this is the case, please email us immediately with your order number within 3 days of receiving your shipment. It would be helpful if you could attach photos of the incorrect item(s) you received so we can identify the mistake. We will promptly send you the correct product using cross-shipping, which means we will send the correct item right away and provide a return shipping label for the incorrect product you received. This option ensures the fastest turnaround time for any replacement options. If the correct item is no longer available, we will credit your original form of payment. Please allow up to 48 hours for the credit to appear on your statement. When returning the product, please include a copy of your packing slip.
RETURNS:
Regrettably, we cannot accept returns for food and baby formula items, such as cereals, purees, and baby formula, due to our strict return policies. Our priority is to ensure the safety of all of our customers, and accepting returns for these types of items could have a significant impact on our inventory. Additionally, we do not engage in the practice of reselling returned items. Please note that all of our products are new, unused, and unopened. Please be aware that all terms and policies are subject to change without notice.
OPTIONAL TOOLS
We may give you access to third-party tools, but we have no control over them and do not monitor them. We provide access to these tools on an "as is" and "as available" basis without any warranties or endorsements. We are not liable for any issues or damages that may arise from your use of these optional third-party tools.
If you choose to use any optional tools offered through the site, you do so entirely at your own risk and discretion. You should make sure you understand and approve of the terms provided by the third-party provider(s).
We may introduce new features or services through the website in the future, and they will also be subject to these Terms of Use.
THIRD-PARTY LINKS
Our Service may include content, products, and services provided by third parties. We may also provide links to third-party websites that are not affiliated with us. However, we do not have any control over the content, accuracy, or materials on these third-party websites, and we cannot guarantee their quality or safety. We are not responsible for any harm or damages that may result from the purchase or use of goods, services, resources, or content from these third-party websites, or for any other transactions made in connection with them. Before engaging in any transaction, it is your responsibility to carefully review the third-party's policies and practices and make sure you understand them. If you have any complaints, claims, concerns, or questions regarding third-party products, please direct them to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
These terms state that if a user submits comments or materials to the website, the website has the right to use, edit, copy, publish, distribute, and translate the comments without any restrictions. The website is not obligated to keep the comments confidential, compensate the user, or respond to the comments. The website may monitor, edit, or remove any content that violates these Terms of Service, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable or that violates any party’s intellectual property. Users must ensure that their comments do not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. The comments must not contain libelous, abusive, or obscene material, or any computer virus or malware. Users must not mislead the website or third parties about the origin of any comments. The user is solely responsible for the accuracy of their comments and the website assumes no liability for any comments posted by the user or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy
ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct any errors, inaccuracies or omissions in product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. This includes the right to change or update information, or cancel orders if any information on the Service or related website is found to be inaccurate, without prior notice. We are not obligated to update, amend, or clarify information on the Service or related website, including pricing information, except as required by law. The absence of a specified update or refresh date should not be taken to imply that all information in the Service or on any related website has been updated or modified.
PROHIBITED USES
The use of the site or its content for any of the following is prohibited, in addition to other prohibitions specified in the Terms of Service: (a) unlawful purposes; (b) soliciting others to perform or participate in unlawful acts; (c) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) infringing upon or violating our intellectual property rights or those of others; (e) engaging in behavior that harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) providing false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that could affect the functionality or operation of the Service, related website, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) using the Service for any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service, related website, other websites, or the Internet. Violation of any of the prohibited uses may result in the termination of your use of the Service or related website.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. Additionally, we do not warrant that the results obtained from using our service will be accurate or reliable. We reserve the right to remove or cancel our service at any time, without prior notice to you.
By using our service, you agree that your use, or inability to use, the service is at your own risk. The service and all products and services provided through the service are "as is" and "as available" without any express or implied warranties or conditions, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, unless otherwise stated by us.
We, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any injury, loss, claim, or damages, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or any products obtained through the service. This includes any errors or omissions in the content, or any loss or damage incurred as a result of the use of the service or any content (or product) posted, transmitted, or made available through the service, even if we have been advised of the possibility of such damages. Our liability is limited to the maximum extent permitted by law in states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed.
INDEMNIFICATION
You acknowledge and agree that you will defend, indemnify and hold HappyTummies, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claims or demands, including reasonable attorneys' fees, made by any third-party arising from or related to your breach of these Terms of Service or any documents referenced herein, or your violation of any law or the rights of any third-party.
SEVERABILITY
If any part of these Terms of Service is found to be illegal, void, or unenforceable, that part will still be enforced to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed to be removed from these Terms of Service. This determination will not affect the validity and enforceability of the remaining provisions.
TERMINATION
Any obligations and liabilities of both parties that were incurred before the termination date will continue to be binding even after the termination of these Terms of Service. These Terms of Service will remain in effect until either party decides to terminate them. You have the right to terminate these Terms of Service at any time by informing us that you no longer want to use our services, or if you stop using our site. We reserve the right to terminate these Terms of Service at any time without prior notice if we determine that you have failed to comply with any provision of these Terms of Service, and you will still be responsible for any outstanding payments up to the termination date. We may also refuse your access to our Services (or any part of them).
ENTIRE AGREEMENT
This clause states that if we fail to enforce any provision of these Terms of Service, it does not waive our right to enforce that provision in the future. Additionally, these Terms of Service, along with any policies or operating rules posted by us, constitute the entire agreement between you and us and supersede any prior agreements between us. Finally, any ambiguities in the interpretation of these Terms of Service will not be construed against the party that drafted them.
GOVERNING LAW
These Terms and any agreements for services we provide to you will be interpreted according to the laws of Ontario, Canada, without consideration of conflict of law provisions. Any disputes related to HappyTummies or its parent company, these Terms, the site, or the Service will be resolved in Ontario, and you waive any claims of inconvenience related to the forum's location.
CHANGES TO TERMS OF SERVICE
You are able to access the most up-to-date version of the Terms of Service on this page. We have the right to update, modify, or replace any part of these Terms of Service at our discretion by publishing updates and changes to our website. It is your responsibility to regularly check our website for any changes. If you continue to use or access our website or services after any changes are posted to the Terms of Service, you are accepting those changes.
CONTACT INFORMATION
If you have any questions about these Terms of Service, you can contact us by email at hello@happytummies.store
