Terms & Conditions
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLOSE THIS PAGE AND LEAVE THE WEBSITE IMMIDIATLY.
This Website is only for the use of individuals who are 19 years of age and over. By proceeding to use this Website, you represent that you are 19 years of age or older.
These General Terms and Conditions ("Terms and Conditions") are applicable to any use of the website www.happy-dayz.ca ("Website"), to any services available on the Website and to any and all offers, orders and agreements connected therewith ("Services").
Article 1 - General
You acknowledge and guarantee that by using the Services you have reached the age of 19 years.
You undertake to duly comply with all instructions stated on the Website by, among other things, providing true, accurate, current and complete information about yourself.
You undertake to update information about yourself within ten (10) days of any changes
Article 2 - No unlawful or prohibited use
Article 3 - Restriction/termination
Article 4 - Account
You will receive a password and account designation upon completing the registration process on the Website. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify www.happy-dayz.ca of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. www.happy-dayz.ca cannot and will not be liable for any loss or damage arising from your failure to comply with this article. You hereby agree to indemnify and hold harmless www.happy-dayz.ca against any and all claims which might be incurred as a consequence of any use or abuse by any unauthorized person of your password or account.
Article 5 - Offers/ Agreement
All offers made by www.happy-dayz.ca are without commitment until you have received the acknowledgement of acceptance from Happy Dayz Online, by which the agreement is concluded. You are aware of the technical steps leading to the conclusion of the agreement, whether the agreement shall be archived and is accessible, and the languages in which the agreement can be drawn up. Happy Dayz Online is not obliged to supply information to you with respect to the above prior to the conclusion of the agreement.
This Agreement as it may be amended from time to time in accordance with the provisions of Article 5, and any and all other legal notices and policies on this website, constitutes the entire agreement between you and Happy Dayz Online with respect to the use of this website and its content.
Article 6 - Risk during Transportation & Limited Warranties
During the transportation of the product(s) Happy Dayz Online will carry the risk of damage, theft or loss. At the moment of delivery responsibility is transferred to the purchaser.
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, Happy Dayz Online products are provided “as is” without any kind of warranty.
You accept full responsibility for determining whether Happy Dayz Online products are suitable for any particular purpose and for protecting yourself against any possible consequential damages. In all of the cases, Happy Dayz Online's liability will not exceed the purchase amount excluding shipping and taxes.
Article 7 - Evidence
The administration of Happy Dayz Online will, unless the contrary is proven, be used as conclusive evidence of orders and payments made to Happy Dayz Online and the Services provided therein. You acknowledge that electronic communication can be used in evidence.
Article 8 - Payment
In the event of non-payment for whatever reason, you will automatically be in default and will owe the legal interest on the total amount invoiced from the date due and all expenses of the collection of payments incurred by Happy Dayz Online.
Article 9 - Return
Product must be unused and arrive back to us within 5 days of shipping for a refund (except the shipping, packaging and customs costs). Goods to be returned must be still in factory sealed packaged, as we can not issue a refund if your item arrives back damaged due to lack of, or inadequate packaging. (Product received damaged due to any fault of ours will always be fully credited, including shipping if reported at the same day of delivery.)
If you need to return an item, simply send us an email including the order number. We'll notify you via e-mail and let you know how to return your item. Once we've received and examined the item for any usage, we will calculate and process the refund.
Please notice that you will be responsible for the shipping and customs costs and fees of any returns.
If Canada Post, UPS or other delivery service, are unable to locate the communicated address because of missing apartment number, wrong postal code, wrong street number, street name or city, the purchaser is obligated to pay any return costs and any future shipping fees on the same order. Please be advised that the free shipping option is for one-way shipping only and will not apply if wrong shipping address or erroneous information is entered through the website.
Article 10 - Miscellaneous
Happy Dayz Online reserves the right to modify these Terms and Conditions at any time. Such modifications shall be effective immediately upon posting of the modified Terms and Conditions.
These Terms constitute the entire agreement of the parties and supersede any and all prior and contemporaneous agreements of the parties relating to the subject matter. If any provision of these Terms is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these Terms, all of which shall remain in full force and effect.
Indemnity. You agree at all times to indemnify, defend and hold harmless Happy Dayz Online, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Happy Dayz Online directly or indirectly in respect of:
- Any information or other content You provide on or through this website or which is sent to the Company by email or other correspondence; or
- Your use or misuse of the Content or this website, including without limitation infringement claims.
- Any and all other claims with respect to the use of any product sold by Happy Dayz Online
Term of Use:
- By entering the website Happy Dayz Online you explicitly agree to the following terms and conditions:
- You agree that use of the Website is at your sole risk.
- You may not use the Website in any manner that could damage, disable or impair the Website or its services.
- You shall comply with all applicable national and international laws, statutes and regulations regarding your use of the Website and its services.
- In no event shall Happy Dayz Online, its subsidiaries, affiliates, directors, agents or any other party involved in creating, producing, or delivering of the Website and/or its services, be liable for any damages whatsoever, including, but not limited to, any direct and indirect damages, arising out of or relating to the use, inability to use, unauthorized use, non-performance of the Website.
- You acknowledge that the Website contains information, data, software, photographs, graphics, videos, images, sounds and other material that are protected by copyrights, trademarks, or other proprietary rights. It is prohibited to copy, modify, display, transmit, publish, transfer, sell or in any other way make available the Content (or any part thereof) without Happy Dayz Online prior written consent.
- You may print or download to a local hard disk extracts of the Content for your personal, non-commercial use only. Happy Dayz Online is not responsible and accepts no liability for the Content inserted in the Website by third parties or any of their offers, services or products.
- Occasionally, the Website may make available a link to a third party's website. These linked websites are not under Happy Dayz Online's control and Happy Dayz Online is not responsible for any content, advertising, products or other materials on or available from any linked website or any link contained in a linked website, or any changes or updates to such sites.
- You will not be entitled to any damages and/or refunds during service outages that are caused by Happy Dayz Online's maintenance on the servers or the technology that underlies the Services, failures of our service providers, computer viruses and any other cause beyond Happy Dayz Online's reasonable control.