Please read these terms and conditions carefully before subscribing to our Box of Happiness. You should understand that by subscribing to our Box of Happiness, you agree to be bound by these terms and conditions.
1. PURCHASE OF SUBSCRIPTION BOXES
- By placing an order through our website, you warrant that: You are legally capable of entering into binding agreements; and You are at least 18 years of age; You reside in one of the 'Serviced Countries'; and You are accessing our site from one of those 'Serviced Countries'.
2. THE AGREEMENT BETWEEN YOU AND BRANDMENTALIST PTY LTD
- After placing any orders on our website you will receive a receipt e-mail from us acknowledging that we have received your order. All orders are subject to acceptance by us, we will confirm acceptance to you by sending you an e-mail confirming that your purchase has been verified and accepted. Your subscription will only be activated when we have verified, accepted & sent you the acceptance confirmation via email.
- The subscription plans to our services consists of recurring period charges as agreed to by you. By accepting these terms & conditions of service, you acknowledge that your subscription has this recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
- BRANDMENTALIST PTY LTD may submit periodic charges monthly without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before BRANDMENTALIST PTY LTD reasonably could act.
- By subscribing to our monthly Box of Happiness subscription, you agree to allow BRANDMENTALIST PTY LTD to take recurring monthly payments from your credit/debit card. See below for price details. Should you wish to cancel, you can do so at any time. BRANDMENTALIST PTY LTD reserves the right to alter its subscription fees at any time, however, at least 28 days written notice will be provided should this occur. Subscription payments will be taken on the date of purchase of every month and each monthly box will be dispatched by the end of the month. If you cancel your subscription you can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
- Auto-renewal. Following your subscription period of 1 month your subscription will be automatically renewed for the same renewal period of your previous subscription, at the then-current non-promotional subscription rate. To cancel your subscription, you must log on to www.thehappinessplanner.com.au. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
- We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
- Each Box of Happiness will be delivered to you by the end of month. Delivery time may be delayed if you are located outside the US, UK, Australia, New Zealand, Europe, and Canada. We deliver worldwide.
- You are responsible for the shipping cost.
- Actual delivery times may vary depending on your delivery address and circumstances. You will not hold us responsible for any delays, outside of our control, which relate to the delivery of your box.
- If you change address, you must update your address details in the relevant section of the website to ensure that no boxes are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any boxes posted to the wrong location.
4. PRICE AND PAYMENT
- The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
- Product prices include VAT for customers based in Europe.
- Product prices exclude sales tax for customers based in California and Nevada.
- Product prices include GST for Australian customers.
- Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard.
5. RISK AND TITLE
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- If you're dissatisfied with your Box or any products in it due to being unfit for use, please contact us at email@example.com. We retain the right to request the return of any damaged goods at your cost by recorded delivery to our warehouse in the US, UK, the Netherlands, Australia, or Canada - wherever your order was dispatched from - where the products will be inspected. If the fault is agreed, a full credit or refund will be given for the returned goods & return postage charges incurred. We will consider refunds for any boxes returned to us within 7 days of receipt, where the box is in unused condition. We reserve the right to refuse refund.
7. CANCELLATION AND RETURNS
- You can cancel your subscription at any point. Cancellation can be made through your online The Happiness Planner member portal (your personal link was sent to you via email when you signed up) or by emailing firstname.lastname@example.org.
You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline.
- If you cancel this contract, we will reimburse to you any relevant payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than - (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- You are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.
- We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice.
- The individual link to your member portal was sent to the email addresses used when signing up to the service. If you have lost this link then you may email email@example.com to request it be resent, and our Happiness Planner team will aim to respond to this request within 48 hours.
- Product Returns: We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to our US, UK, Netherlands, Australia, or Canada warehouse without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8. PROMOTION CODES
- Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
9. FORCE MAJEURE
- We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
- We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11. ACCEPTANCE OF THESE TERMS AND CONDITIONS
- Your access to and use of www.thehappinessplanner.com, www.thehappinessplanner.co.uk, and www.thehappinessplanner.com.au is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are accepting these terms and conditions.
12. LINKS TO OTHER WEBSITES
- From time to time, this Website may also include links to other Websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website (s). We have no responsibility for the content of the linked website(s).
13. YOUR CONDUCT
- You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
- You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
- You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, Crafty Creatives will place a 'cookie' (a small text file) on any computer you use to access the website. When you revisit the website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
14. WEBSITE AVAILABILITY
- Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us at firstname.lastname@example.org and we will correct the fault as soon as we reasonably can.
- Your access to The Happiness Planner website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email or telephone.
- You agree to indemnify and hold The Happiness Planner and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against our name arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
16. CHANGES TO THE WEBSITE OR SERVICE
- We reserve the right to make changes to our Website, policies, and these Conditions at any time without notice and you confirm that The Happiness Planner shall not be liable to you for any such change or removal. Your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
17. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
- Nothing in this clause or otherwise in these Terms and Conditions shall exclude or in any way limit The Happiness Planner liability for; Fraud, Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977. Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website. Liability to the extent the same may not be excluded or limited as a matter of law.Nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
- This website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We reserve the right to deliver boxes of content at our sole discretion. Subject to clause 18.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
- Subject to the above clause, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
- Subject to the above clauses, our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of $1 and/or the total amount paid by you to us in respect of The Happiness Planner Services in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS.
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order any of our subscription services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation.
- All copyright, trade marks and all other intellectual property rights in the Website and its Content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to BRANDMENTALIST PTY LTD or otherwise used by The Happiness Planner as permitted by law.
- In accessing the Website you agree that you will access the Content solely for your personal, non-commercial use. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
This version last updated June 02, 2017.
BRANDMENTALIST PTY LTD Copyright 2017.