Happy Baby LLC, a company registered in Abu Dhabi, UAE (referred to herein as“HappyBaby”, “we”, “our” or “us”) operates the Internet e-commerce website www.happybabyuae.com (or any successor site) and its related sub-domains, sites, Services and tools (“Website”). The Website is provided as a service to you and is intended to allow you and other users to browse and order products and other goods or services (“Products”) offered for sale on the Website (“Services”). HappyBaby reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website.
NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY HAPPYBABY TO THE CONTRARY, YOU SPECIFICALLY AGREE TO THE TERMS SET FORTH BELOW.
- TERMS AND CONDITIONS:
- If you opt to register with the Website, then at the time of registration with the Website, as a Registered User, you must carefully read these Terms and accept them. Each time a change is made to the Terms, you as a Registered User, will be prompted to accept the Revised Terms before you can proceed with your next purchase of Products on the Website.
- USER CONDUCT AND CONTENT
- You agree to comply with all legal requirements of the jurisdiction in which you are located and the laws of United Arab Emirates with regard to your use of the Website, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same.
- The Website may at times provide opportunities for users to post reviews and other comments, questions, suggestions or other information (“User Content”) on or through this Website by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website. You warrant that any such User Content submitted by you to the Website is original (and does not infringe the intellectual property rights of others), and you hereby grant HappyBaby a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and licence to use such User Content however HappyBaby desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to you, and you hereby waive any moral rights in such User Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to law.
- HappyBaby will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. HappyBaby is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content. You agree that any User Content submitted by you to the Website will not violate the Terms or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
- HappyBaby does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website. You grant HappyBaby the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any User Content you make and you agree to indemnify HappyBaby and its affiliates for all claims resulting from any User Content you submit. HappyBaby and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
- ACCOUNT AND REGISTERED USER:
- In order to purchase any Products on the Website, you must register and create an account secured by a password (the “Account”) Any Account so created is personal to you, and you may not transfer it to another person. Your registration shall be complete after you accept the Terms. The Terms will apply each time you submit an order for any Products on the Website.
- If you register and create an Account, you are a “Registered User”. To become a Registered User, you must be at least 21 years of age, and must provide true, accurate, current, and complete in all respects information about yourself (including name, date of birth, email address, credit card details, and other details) as requested during the Account creation process. If you are under the age of 21 years, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms on behalf of a person under the age of 21 years, you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur. HappyBaby reserves the right to refuse service, terminate Accounts, or cancel orders at their sole discretion.
- You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your personal computer or electronic or other mobile or wireless device, and you agree to accept responsibility for all activities that occur under your Account or password. HappyBaby assumes no liability to any person for any loss or damage which may arise as a result of any failure by you in protecting your password or Account. If HappyBaby has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to us.
- SERVICES; ORDER, PRICING AND PAYMENT:
- The Services shall include:
- The provision to you of the Website to purchase any Products;
- Procuring a logistics company experienced with collection and transportation to deliver your purchased Products to you (“Logistics Supplier”); and
- HappyBaby’ customer support, enabling you to contact HappyBaby at [email protected] with any queries that you may have in relation to your purchased Product/s.
- You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are payable in United Arab Emirate dirhams.
- HappyBaby may not accept your order for Products if (a) the item/s is/are out of stock; (b) HappyBaby is unable to obtain authorisation for your payment; (c) shipping restrictions apply to a particular Product; (d) HappyBaby finds a Product or pricing error; or (e) for any other reason at HappyBaby’ sole discretion. In any of these situations, HappyBaby will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.
- From time to time there may be errors in the pricing that appears on the Website or during the order process. There may also be errors in transmission resulting in the interruption of your purchase. Without admissions, HappyBaby will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with HappyBaby to resolve such issues, and you agree that HappyBaby shall have full discretion to determine the appropriate resolution in such cases.
- We accept payments online using Visa and MasterCard credit/debit card in AED (or any other currency agreed)
- All credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorise payment, HappyBaby will cancel your order and contact you for an alternative method of payment. HappyBaby cannot be held responsible if this should result in a delay in dispatching your goods/Products.
- All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested.
- Certain orders may constitute improper use of the Website and its Services. HappyBaby reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at HappyBaby’ sole discretion.
- In the event that a Product is listed at an incorrect price due to an error in pricing, HappyBaby shall have the right, at HappyBaby’ sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, HappyBaby may, at HappyBaby’ discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- HappyBaby will use reasonable endeavors to provide you with attractive prices on the Website as well as in its stores, however, sometimes the price online will not match the price in a store.
- HappyBaby reserves the right, at its sole discretion, to limit the quantity of items purchased per person per household or per order. These restrictions may be applicable to order placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.
- For HappyBaby to arrange to deliver any Products that you have purchased to you, you shall be solely responsible for providing the correct and accurate postal details.
- Risk of loss and title for the Products that you purchase on the Website pass to you upon delivery of your purchased Products by the Logistics Supplier.
- HappyBaby is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you.
- All items are quality controlled and checked for any faults before they are dispatched to you. Should you receive an item that is not in perfect condition please contact us immediately at [email protected], and arrange for the faulty Product to be returned to us.
- HappyBaby will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.
- RETURNS/REFUND POLICY
1. You have seven (7) days after delivery to do your exchange request. None request will be accepted after this period.
2. Refunds will be done only through the Original Mode of Payment.
3. Items returned must arrive in perfect condition. You have a duty of care for the product during the cancellation period, which includes: sent back in the original, unmarked and undamaged packaging, or in a good enough quality transport packaging in order to avoid any damage during the transport back to our location.
4. Items must be returned in their original packaging, brand new and with the official tag still attached. Items must not have been used, show any damages or marks of use (HappyBaby has the right to refuse to exchange on any item not deemed to be re-saleable).
5. We do not accept return/exchange on underwear and swimwear.
- DISCLAIMER OF WARRANTIES
- To the fullest extent permissible by law, HappyBaby does not warrant that the Website or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delays, omissions, interruptions and inaccuracies in materials or Services available through the Website or that the Services will meet any particular criteria of performance or quality.
- HappyBaby makes no representation or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the Website or Services available through it.
- Although HappyBaby intends to take reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Website, HappyBaby does not represent or warrant that the Website, or Services, features or materials that may be available through the Website, are free from such destructive features. HappyBaby is not liable for any damages or harm attributable to such features.
- Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. HappyBaby does not warrant and cannot ensure the security or confidentiality of any information you transmit to HappyBaby.com. Accordingly, any information you transmit to HappyBaby.com is transmitted at your own risk.
- EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS WEBSITE AND THE SERVICES ARE PROVIDED BY HAPPYBABY ON AN "AS IS" AND "AS AVAILABLE" BASIS. HAPPYBABY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HAPPYBABY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING, HAPPYBABY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE HAPPYBABY’ WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
- PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER/SUPPLIER. AT TIMES, MANUFACTURERS/SUPPLIERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEBSITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER/SUPPLIER. HAPPYBABY ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY HAPPYBABY.
- LIMITATION OF LIABILITY AND INDEMNITY
- Nothing in these Terms is intended to affect your rights under law. The use of the Website or any of the Services or Products is at your own risk, and unless otherwise stated in these Terms, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or Products.
- By using the Website, you agree, to the fullest extent permitted by law, to indemnify and hold HappyBaby, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or any of the Services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website or the Services, or any action taken by HappyBaby as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. You agree to defend, indemnify and hold harmless HappyBaby and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or any breach by you of these Terms.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HAPPYBABY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF HAPPYBABY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OF OR INABILITY TO USE THE HAPPYBABY’S WEBSITE; (II) YOUR USE OF OR RELIANCE ON THE WEBSITE, ANY INFORMATION, HYPERLINKS OR CONTENT CONTAINED THEREIN, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; (III) YOUR PROVISION OF INFORMATION, PERSONAL OR OTHERWISE, TO HAPPYBABY; (IV) THE PROVISION OF SERVICES BY HAPPYBABY; OR (V) ACTS OR NEGLIGENCE ON THE PART OF HAPPYBABY. IN NO EVENT WILL HAPPYBABY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
- Any links or references to other Internet websites ("hyperlinks") contained on the Website are provided by HappyBaby merely as a convenience to you and other users of the Website, and HappyBaby is not responsible for the content or operation of any such linked sites, or liable, directly or indirectly, for the privacy practices or the content of such linked sites. Any hyperlinks to such linked websites should no way be construed as an endorsement, representation(s) or promotion by HappyBaby as to the content, representations, accuracy, products or Services found or otherwise described in such linked websites. Use of these linked websites is done at your own risk and consequences.
- Except as otherwise expressly stated, HappyBaby owns/has control or has licensed the copyright, trademark and all other intellectual property contained in the Website, including but not limited to all text, images or links. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed to HappyBaby unless otherwise noted. The Marks on the Website are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior, written authorisation of HappyBaby, except for the sole purpose of identifying the products or Services originating from HappyBaby. HappyBaby expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of HappyBaby' or any third party's intellectual property rights. Access to this Website does not authorise anyone to use any name, logo or mark in any manner.
- You may not copy, reproduce, republish, modify, distribute, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, use for commercial purposes any of the materials and make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You further agree not to adapt, alter or create a derivative work from the Website content except for your own personal, non-commercial use. Any other use of the Website content is strictly prohibited and requires a prior written permission from HappyBaby.
- HappyBaby reserves the right to correct any errors or omissions in the Website and to improve the contents at any time without notice. If you rely on the Website and any materials or Services available through it, you do so entirely at your own risk. Furthermore, HappyBaby reserves the right to alter, limit or discontinue the provision of any of the Services contained in this Website at any time without prior notice to you.
- HappyBaby may terminate or suspend your access to all or part of this Website, without notice, for any conduct that HappyBaby, in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of the HappyBaby or a third party. Notwithstanding such termination or suspension, you will continue to be subject to clauses 2.2, 2.3, 2.4, 8, 9, 10.2, 10.3 of these Terms. Except as otherwise expressly stated in these Terms, HappyBaby shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.
- You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or Services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
- You understand that by using this Website or any Services provided on the Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that HappyBaby and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
- You acknowledge that the purchased goods licensed or sold on the Website, which may include technology and software, are subject to the customs and export control laws and regulations of United Arab Emirates and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Website, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology in violation of the law.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this Website.
- If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect. The failure of HappyBaby to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit HappyBaby' rights with respect to such breach or any subsequent breaches.
- Your unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
- The Terms shall be governed by the laws of Abu Dhabi, United Arab Emirates. If any portion of the Terms is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, the remainder of the Terms shall not be affected.
- You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and HappyBaby as a result of your use of this Website.
- A reference to the Website in these Terms includes the website URL www.happybabyuae.com and any successor website URLs.
- These Terms (i) constitute the entire agreement between you and HappyBaby with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto, (ii) will be governed by the laws of the United Arab Emirates as applied by the Courts of Dubai (other than the conflicts of laws provisions thereof), (iii) may not be amended, terminated or waived orally, and (iv) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law or otherwise, by you. Any terms of these Terms that may be invalid will not affect the validity of enforcement of the remaining valid terms of Terms.
- If you do not agree to (or cannot comply with) any of these Terms, do not use this Website.
- HappyBaby shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or Services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers.