Terms and Conditions

Welcome to Happinesz.com We have made some “easy” house rules for you to understand how things work here. It is a good thing to read these Terms and Conditions carefully.

1.   Accepting these Terms and Conditions

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Happinesz.com. (and all of its subsidiaries collectively as “Happinesz”).

This contract sets out your rights and responsibilities when you use the services provided by Happinesz.com (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Are you still with us? Okay, carry on then!!

2.   Some Documents You Have To Read

Happinesz.com’s Services connect people worldwide, both online and offline, to sell and buy unique goods and services. We provide you a guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

Sellers House Rules. If you list any items for sale through our Services, these policies apply to you. You can read them here.

Buyers House Rules. If you use our Services to browse or shop, these policies apply to you. You can read them here.

All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Don’t forget!

3.     Privacy Policy

Your personal information is important to us. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms.

4.     Your Account with The Happinesz Shop

You have to create an account with Happinesz Shop to use some of our Services. Here are a few rules about accounts with Happinesz Shop:

  1. You must be 18 or older to use our Services. That’s the rule. If you are not, you may only use our Services under the supervision of a parent or legal guardian.
  2. Be true and be honest with us. Provide accurate information about yourself. It’s not OK to use false information on the site or impersonate another person or business through your account. If we find out your account will be suspended.
  3. Choose a nice username/shopname. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
  4. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Don’t tell anybody your password and if you have to write it down somewhere cauz you use so many different passwords’ keep it in a safe place!!!!
  6. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and Happinesz.com.

5.     Your Content

Anything you post while using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.) is your content (so let’s refer to it as “Your Content”).

  1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
  2. Permission to Use Your Content. By posting Your Content through our Services, you grant Happinesz Shop a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Happinesz Shop function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
  3. Rights You Grant Happinesz. (Here’s the legalese adeption of the last segment). By posting Your Content, you concede Happinesz Shop a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to utilize, show, alter, adjust, reproduce, distribute, store, and prepare subordite works of Your Content to provide the Services and to promote Happinesz Shop, your Happinesz Shop, or the Services in general, in any formats and through any channels, including across any Happinesz Shop Services or third-party website or advertising medium.

That is quite a mouth full, but it’s necessary for us to keep Happinesz Shop on the road. Consider these cases: in the event that you transfer a photograph of a posting on your Happinesz Shop, first, we have authorization to show it to buyers, and second, we can resize it so it looks great to a buyer utilizing our app; In case you post a description in English, we can make an interpretation of it into Dutch so a buyer in Amsterdam can take in the story behind your item; and in the event you post a beautiful photo of your latest handmade bracelet, we can highlight it on our homepage, in one of our blogs or even in our magazine to help promote your business and Happinesz Shops. You see now? That’s why!

Reporting Unauthorized Content.
Happinesz Shop has great respect for intellectual property rights, and is focused on taking after proper legitimate techniques to expel encroaching substance from the Services. In the event content that you own or have rights to has been presented to the Services without your consent and you want it removed, please contact us here!!. If Your Content infringes another person’s intellectual property, we will remove it if we receive legitimate notice. We’ll advise you if that happens.

Inappropriate, False or Misleading Content.
This should be common sense, but there are certain types of content we don’t need posted on Happinesz Shop’s Services (for legitimate reasons or something else). You agree that you won’t post any substance that is injurious, undermining, defamatory, foul, profane or generally hostile or infringing upon our Prohibited Items Policy or any piece of our Terms. You additionally agree not to post any content that is false and deceiving or utilizes the Services as a part of a way that is deceitful or deceptive.

6. Using of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

  • A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against Happinesz Shop, another Happinesz Shop user or a third party.
  • B. Pay Your Bills. You are responsible for paying all fees that you owe to Happinesz Shop. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Your fees, bills, taxes and how you can pay them are fully explained in our Fees & Payments Policy.
  • C. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
  • D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  • E. Follow Our Trademark Policy. The name “Happinesz Shop,” and the other Happinesz Shop marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Happinesz Shop in the U.S., Europe and around the world.
  • F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Happinesz Shop (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  • G. Talk to Us Online. Happinesz Shop will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

7.     Termination

Termination By You. We hate to see you go, but you may terminate your account with the shop on Happinesz.com at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh…, and you’ll still have to pay any outstanding bills. Don’t forget that!

Termination By Happinesz.com. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. Happinesz.com may refuse service to anyone, at any time, for any reason.

If you or Happinesz.com terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Happinesz.com reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8.     Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that Happinesz Shop does not manufacture, store or inspect any of the items sold through the Happinesz Shop. We provide the venue; the items in our marketplace are produced and sold directly by independent sellers, so Happinesz Shop cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Happinesz Shop from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Happinesz Shop is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Happinesz Shop is not a party to those agreements; they are solely between you and the third party.

Warranties. Happinesz Shop is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.

We do not guarantee that:
1 the Services will be secure or available at any particular time or location;
2 any defects or errors will be corrected;
3 the Services will be free of viruses or other harmful materials; or
4 the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability Limits. To the fullest extent permitted by law, neither Happinesz.com, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Happinesz.com’s aggregate liability for any damages exceed the greater of one hundred (€100) Euro’s or the amount you paid Happinesz.com in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

9.     Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if Happinesz.com gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Happinesz.com (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10.  Disputes with Other Users

If you find yourself in a dispute with another user of Happinesz.com’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

The Help System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our website or mobile apps may participate in our Help System. You can find details about the Help System on this page. Happinesz.com will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Happinesz.com has no obligation to resolve any disputes.

Release of Happinesz.com . You release Happinesz.com from any claims, demands and damages arising out of disputes with other users or parties.

11.  Disputes with Happinesz.com

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

  1. Governing Law. The Terms are governed by the laws of Belgium, without regard to its conflict of laws rules, and the laws of Belgium. These laws will apply no matter where in the world you live.
  2. Arbitration. You and Happinesz.com agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration. Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Happinesz.com are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
  3. Forum. We’re based in Belgium, so any legal action against Happinesz Shop related to our Services must be filed and take place in Belgium. That means the seat of any arbitration shall be Belgium. For any actions not subject to arbitration, you and Happinesz.comagree to submit to the personal jurisdiction of a court located in Belgium.

12.  Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13.  Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Happinesz Shop regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

14.  Contact Information

If you have any questions about the Terms, please email us at: admin@Happinesz.com.

 

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