These are the Terms and Conditions of Happy Caps. By using their website and ordering from the HappyCaps.ca website you must read and agree to all following terms:
The use of products and placing orders on the HappyCaps.ca website is only reserved for persons of 18+ years and older. You hereby declare that you are 18+ years and older.
Article 1 – Legality of the products that will be shipped to you.
Legal status: By placing an order on the HappyCaps.ca website, you accept all responsibilities regarding the legality of the products that will be shipped to you.
Happy Caps does not guarantee in any way that the information and products on their website are available, applicable or legally permitted outside of Canada. We cannot provide any information on the legal status of a product in your country.
You accept full liability for all injuries, damages, punitive measures, loss of income or property arising from the purchase, consumption, use and/or abuse of a Happy Caps product. The Company and its owners, representatives and employees are not responsible for the actions taken by customers or the direct consequences of those actions.
Illegal activities: If Happy Caps suspects that there is any intention of illegal breeding activities, we reserve the right to refuse your purchase.
Incorrect address information: We do not refund money, if you provided us with incorrect address information. Unless you ordered products that can be kept for longer and the package is returned to us. You are responsible to provide us with your correct address. Once the package is shipped, it is difficult to get the postal Company to change the address information that is already provided. However we will always do our best to change it.
Article 2 – Informational purposes by Happy Caps.
- All the information provided by Happy Caps, through their website, links to or from other websites, information by its employees over the phone, email or any other transmission is purely for educational and informational purposes. Their should never be interpreted as a recommendation to undertake a specific action.
- Happy Caps does not warrant that the information on the website is up-to-date or accurate.
- The website may not be accessed, viewed or otherwise received in any country or location in which doing so would, or could be, deemed a violation of any law, community standard or customs regulation.
- If the information on the HappyCaps.ca website is not accurate, please let us know, so we will check it and if inaccurate, remove it.
Article 3 – Your Medical responsibility.
- Do not use our products, if you suffer from high blood pressure, cardiovascular disease, diabetes or any other physical condition. Do not use our products during pregnancy or lactation. Do not use our products in combination with MAO inhibitors or any other medicines.
- Driving and using heavy machinery should be avoided when using our products.
- If in doubt, about your medical health in combination with our products, always consult a doctor.
- Keep our products out of the reach of children.
- Medical claims: Happy Caps does not claim in any way that its products are suitable for treating, curing or preventing any disease or condition. Happy Caps does not provide medical advice.
Article 4 – The HappyCaps.ca online shop.
- The use of the website and placing orders on HappyCaps.ca is only reserved for persons of 18 years and older.
- Their website may not be visited, shown or otherwise viewed in countries where their is in violation of the law or customs regulations.
- Their website uses tracking cookies for the tracking of some settings. Without these cookies, the online shop can not function optimally. General website statistics are also maintained. It is possible to unsubscribe from their.
- All illustrations, photos, designs, texts and logo’s are copyrighted. The distribution, publication and use for commercial purposes is strictly prohibited without the written permission of Happy Caps. All rights reserved.
Article 5 – Definitions.
Company: The natural or legal entity who offers products and/or services to consumers at a distance.
Consumer: The natural person who does not act in the exercise of profession or business and enters into a distance contract with the Company.
Distance contract: An agreement whereby, within the framework of a system organized by the Company for distance selling of products and/or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used.
Decision time/cooling time: The period within which the consumer can make use of their right of withdrawal.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Day: Calendar day.
Transaction duration: A distance contract relating to a series of products and/or services, of which the supply and/or purchase obligation is spread over time.
Durable data carrier: Any means that enables the consumer or Company to store information that is addressed to them personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Technology for distance communication: Means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
Article 6 – Identity of the Company
Halifax, Nova Scotia
For questions about online orders, Please send us a email. If the activity of the Company is subject to a relevant licensing system: the details of the supervisory authority; If the Company has a regulated profession:
- The professional association or organization to which he is affiliated;
- The professional title, the place in the EU or the European economic area where it is awarded;
- A reference to the professional rules that apply in Canada and instructions on where and how these professional rules are accessible.
Article 7 – Applicability.
- These general terms and conditions apply to every offer made by the Company and to every distance contract that has been established between the Company and the consumer.
- Before the distance contract is concluded, the text of these General Terms and Conditions is made available to the consumer. If their is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the Company and they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumers can be easily stored on a durable medium. If their is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
- In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is applicable to them.
Article 8 – The offer.
- If an offer is of limited duration or subject to conditions, their will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the Company uses images, these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or errors in the offer do not bind the Company.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 9 – The agreement.
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, the Company will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of their acceptance has not been confirmed by the Company, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the Company will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the Company will observe appropriate security measures.
- The Company can within statutory frameworks – inform whether the consumer can meet their payment obligations, and of all those facts and factors that are important for a responsible conclusion of the distance contract. If the Company based on their investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
- At the latest on delivery of the product, the service or digital content, the Company shall send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium. The email address of the trader where the consumer can go with complaints. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal. The information about guarantees and existing service after purchase. The price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite. If the consumer has a right of withdrawal, the model form for withdrawal must be requested from the Company. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 10 – Right of withdrawal.
- The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige them to state their reason(s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- If the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The Company may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
- If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part.
- In contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product. For services and digital content that is not delivered on a tangible medium.
- The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige them to state their reason(s).
- The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement. Extended decision period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal.
- If the Company has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of their article.
- If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original period of reflection, the cooling-off period will expire 14 days after the day on which the consumer has received their information.
Article 11 – Obligations of the consumer during the decision period.
- During the decision period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
- The consumer is not liable for the depreciation of the product if the Company has not provided them with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.
Article 12 – Exercise of the right of withdrawal by the consumer and costs.
- If the consumer exercises their right of withdrawal, he shall notify the Company within the decision period by means of the standard form for withdrawal or in an unequivocal manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the Company. Their is not necessary if the Company has offered to collect the product themselves. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer shall return the product with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the Company.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer has to pay the direct costs of returning the product. If the Company has not reported that the consumer must pay these costs or if the Company indicates to bear the costs themself, the consumer does not have to bear the costs for return.
- If the consumer rescinds after having first expressly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale start in a limited volume or quantity during the cooling-off period, the consumer owes the Company an amount that is proportional to that part of the obligation that the Company has fulfilled at the moment of withdrawal, compared with the full fulfillment of the obligation.
- The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- The Company has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the model form for withdrawal, or;
- The consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
- The consumer does not pay any costs for the full or partial delivery if:
- Prior to the delivery, he has not expressly agreed to commence the fulfillment of the contract before the end of the cooling-off period;
- He has not acknowledged to lose their right of withdrawal when giving their consent; orc. The Company has failed to confirm their statement from the consumer.
- If the consumer exercises their right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 13 – Obligations of the Company in case of withdrawal.
- If the Company makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgment of receipt immediately after receipt of their notification.
- The trader will reimburse all payments from the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the Company offers to collect the product themselves, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
- The Company uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the Company does not have to reimburse the additional costs for the more expensive method.
Article 14 – Exclusion of right of withdrawal.
The Company can exclude the following products and services from the right of withdrawal, but only if the Company has clearly stated their in the offer, at least in time before the conclusion of the agreement:
- Products that spoil quickly or have a limited shelf life;
- Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
- Products that are irrevocably mixed with other products by nature after delivery;
Article 15 – The price.
- During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the Company can offer products or services whose prices are subject to fluctuations in the financial market and where the Company has no influence, with variable prices. Their link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
- The prices mentioned in the offer of products or services include VAT.
Article 16 – Compliance with the agreement and additional guarantee.
- The Company warrants that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal rights existing on the date of the conclusion of the agreement. provisions and/or government regulations. If agreed, the Company also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the Company, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the Company under the contract if the Company has failed to fulfill their part of the agreement.
- An additional guarantee is understood to mean every obligation of the Company, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill their part of the agreement.
Article 17 – Delivery and execution.
- The seller will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the Company.
- With due observance of what is stated in article 4 of these general terms and conditions, the Company will execute accepted orders expeditiously, but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive a notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without penalty and the right to any compensation.
- After dissolution in accordance with the previous paragraph, the Company will immediately repay the amount that the consumer has paid.
- The risk of damage and/or loss of products rests with the Company and the postal service until the moment of delivery to the consumer or a announced representative, unless expressly agreed otherwise.
Article 18 – Payment.
- Unless otherwise stipulated in the agreement or additional conditions, the amounts due by the consumer must be paid within 14 days after the commencement date, or in the absence of a decision period within 14 days after the close of the agreement. In case of an agreement to provide a service, their period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged to pay in advance more than 50% in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service(s), before the stipulated advance payment has taken place.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the Company without delay.
- If the consumer does not fulfill their payment obligation(s) in time, after he has been informed by the seller of the late payment and the seller has given the consumer a period of 14 days to still fulfill their payment obligations, after the payment has not been made within their 14-day period, the legal interest is due on the outstanding amount and the Company is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, 10% over the next € 2,500, and 5% over the next € 5,000, with a minimum of € 40. The Company may deviate from the aforementioned amounts and percentages for the benefit of the consumer.
Article 19 – Complaints procedure.
- The Company has a complaints procedure and handles the complaint in accordance with their complaints procedure. These should be made through email.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the Company within 7 days after the consumer has discovered the defects.
- Complaints submitted to the Company will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Company will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, service or the service of the Company can also be submitted via the contact form on the contact page.
- If the complaint can not be resolved by mutual agreement within a reasonable period or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute settlement rules.
Article 20 – Disputes.
Only Dutch law applies to agreements between the Company and the consumer to which these general terms and conditions apply.