Terms and Conditions
Welcome to Happy Breathing!
These are the terms and conditions for:
By using the website and purchasing products available on the website, you agree to be bound by these terms and conditions, the privacy policy, the cookie policy, the shipping policy and the refund policy. In these terms and conditions, the words "website" refers to Happy Breathing website, "we", "us", "our", and "Happy Breathing" refers to Happy Breathing, and "user", “customer”, "you", and “your" refers to you, the user and customer of Happy Breathing.
The following terms and conditions apply to the website, products and services offered by Happy Breathing. This includes the mobile and tablet versions as well as any other version of Happy Breathing accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.
- ELIGIBILITY
You may use the website and purchase the products only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
Access to the website and purchase of products are available to all ages. It is the responsibility of parents or legal guardians to determine whether the content and products are appropriate for their children or minors in their care.
By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
You represent and warrant that your use of the website does not violate any applicable law or regulation. Happy Breathing may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
- NOTIFICATIONS AND NEWSLETTER
By providing Happy Breathing with your email address and phone number, you agree that we may use your email address to send you notifications about the status of your order, important communications about our services or products, news and special content. If you do not wish to receive these emails or SMS messages, you may opt out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. This option may prevent you from receiving emails or messages about updates to your order, news or special offers on our products.
- ORDERS
By placing an order, you offer to purchase the products for the price advertised and indicated on the website at the time of purchase. Please check product features before placing your order.
When a customer places an order, Happy Breathing will send that customer an email which aims to confirm the purchase and payment. This email confirmation will be produced automatically so that the user has the confirmation of his purchase and the details of the order.
We reserve the right to limit the number of units purchased by each user. Happy Breathing also reserves the right to limit sales of our products on a regional or jurisdictional basis.
Happy Breathing may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled by Happy Breathing, any payment made for the products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
- ACCURACY OF INFORMATION
It is the customers' obligation to provide accurate, current and detailed information when placing an order. Providing information that is misleading, false or incomplete may result in adverse situations, including, but not limited to, financial loss, damage to products or incurring extra costs. Customers shall assume full responsibility for any negative consequences, whether loss, damage or additional costs, arising as a result of providing erroneous, outdated or incomplete information, as well as for failure to update their data within a reasonable period of time.
- PRICES
Happy Breathing reserves the right to determine the price of the product. Product pricing will be available on the product page of the website. The price of the product is subject to change at any time without notice.
Happy Breathing will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information.
Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product order.
- PAYMENTS
Customers can pay for the products using the following payment methods:
- Credit/debit card (Visa, Mastercard, Discover, Amex, Diners, etc.)
- PayPal
- Google Pay
- Apple Pay
- Shop Pay
The customer must pay the price of the product stipulated in the order before the product is shipped. Payment will be charged to the payment method selected by the customer at the time of placing the order. In the case of selecting a "Buy Now, Pay Later" payment method, the payment terms, such as payment terms, will be established between such payment processor and the customer.
Once the transaction has been processed, we will send an electronic receipt of the transaction to the customer's email address. If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment processor.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Happy Breathing reserves the right to contract any payment processor available.
- PRODUCT DESCRIPTIONS
Happy Breathing attempts to be as accurate as possible. However, Happy Breathing does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user's device screen.
- DISCOUNT CODES
You can only use one discount code per order. Happy Breathing reserves the right to refuse or cancel any order where multiple discount codes are added to the shopping cart. The use of discount codes is subject to the specific terms and conditions under which they were issued, which may include eligibility requirements and a maximum order value. In the event of a conflict between the terms and conditions of a promotion and these terms and conditions, the terms and conditions of the promotion shall prevail.
- PROMOTIONS AND SWEEPSTAKES
From time to time, Happy Breathing may offer its users and customers the opportunity to participate in sweepstakes or other promotions. You may not transfer, assign, sell, trade, exchange or barter any prize or other benefit received through a sweepstakes or promotion.
Any prize or other benefit is provided "as is" without any express or implied warranty by us, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Happy Breathing reserves the right to modify, terminate or suspend the availability of sweepstakes and promotions and to correct errors or inconsistencies in materials related to sweepstakes and promotions.
Happy Breathing may disqualify any person who tampers with any promotion. It is important to note that any attempt to deliberately undermine the legitimate operation of a promotion or sweepstakes is a violation of criminal and civil laws, and Happy Breathing reserves the right to seek damages from such persons to the fullest extent permitted by law.
By entering a promotion or sweepstakes, you agree to submit to our decisions, which are final and binding in all matters relating to the promotion or sweepstakes. Promotions and sweepstakes are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where prohibited, restricted or taxable.
By participating in a promotion or sweepstakes, you agree to hold Happy Breathing harmless from any liability, loss or damage arising out of or related to your participation in any activity related to the promotion or sweepstakes or the receipt, use or misuse of any prize you may receive.
- LIMITATION OF LIABILITY
By using this website and purchasing the product, you agree and acknowledge that Happy Breathing's liability is limited solely to the provision of products in accordance with the specifications published on our site. Happy Breathing assumes no liability for any damages, injury or harm resulting from incorrect, improper or negligent use of the product. It is the responsibility of the user to strictly follow the instructions for use provided, to verify the suitability of the product for the specific baby and to use the nasal aspirator in a safe and responsible manner. Happy Breathing will not be responsible for health problems or adverse situations arising as a result of using the nasal aspirator beyond its intended purpose or deviating from the recommended instructions for use. It is strongly recommended that a health care professional be consulted before using the product, especially in cases of pre-existing medical conditions. Use of infant nasal aspirators without adhering to the instructions for use and medical recommendations releases Happy Breathing from any claims, demands or legal action arising from their use.
- COPYRIGHT
All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Happy Breathing or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on the website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Happy Breathing prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Happy Breathing or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
- COPYRIGHT COMPLAINTS
Happy Breathing will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Happy Breathing respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Happy Breathing may find it on the website.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- PROHIBITED ACTIVITIES
The following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any part of our website for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of the website into any other website or service without our prior written permission.
- Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Happy Breathing.
- Evade, disable or otherwise interfere with security-related features of the website or features which prevent or restrict the use or copying of any content.
- DISCLAIMER OF WARRANTIES
Because of the nature of the Internet Happy Breathing provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Happy Breathing for any loss or damage caused as a result.
Happy Breathing shall not be liable for any amount for any failure to perform any obligation hereunder if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or force majeure.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Happy Breathing excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Happy Breathing and Happy Breathing shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on the website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product purchased through the
- Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Happy Breathing.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
- THIRD PARTIES
Through your use of the website and services you may encounter links to third party websites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Happy Breathing provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Happy Breathing are in no way responsible or liable for any such third-party sites.
- INDEMNIFICATION
You agree to defend and indemnify Happy Breathing and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your purchase of the products.
- ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Happy Breathing for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
- CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
- PERSONAL DATA
Any personal information you submit in connection with the purchase of products will be used in accordance with our privacy policy. Please refer to our privacy policy.
- INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by Happy Breathing, shall constitute the entire agreement between you and Happy Breathing concerning and governs your use of the website.
- ARBITRATION
You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity thereof, as well as the purchase of our products, shall preferably be resolved by binding arbitration between you and Happy Breathing. However, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.
In the event of any dispute arising in connection with your use of the website, purchase of our products or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following applicable commercial arbitration rules.
In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and the purchase of our products. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.
- APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of (Insert State). Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of (Insert State). This applies unless binding arbitration is agreed to in the applicable section.
- FINAL PROVISIONS
Your use of our website and purchase of our products is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.
Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those relating to law enforcement and the use of our website. Information provided or collected in connection with your use of the website and purchase of our products will be subject to these requirements.
In the event that any provision of these terms and conditions shall be declared invalid, illegal or unenforceable by any court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.
- CONTACT INFORMATION
If you have questions or concerns about these terms or the products, please contact us through our contact page or via the contact information below:
Happy Breathing.