Terms of Service

HAPPY BOX STORE, LLC

TERMS OF SERVICE 

AND 

WEBSITE TERMS OF USE

TERMS OF SERVICE 

Last Modified: December 8, 2023

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, VIA E-MAIL, TELEPHONE, OR OTHER MEANS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH HAPPY BOX STORE, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.                       

These terms and conditions (these “Terms”) apply to the purchase and sale of products by Buyer (the “Buyer” or “you”) and services through Happy Box Store website located at https://happyboxstore.com/ (the “Site”) as well as other ordering formats, including telephone, virtual calls, email, or other websites, if applicable. These Terms may be modified for Corporate/Bulk gifting orders in communications and corporate gifting agreements for specific campaigns between the Buyer and Seller. These Terms are subject to change by Happy Box Store, LLC (referred to as the “Seller”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. Buyer should review these Terms prior to purchasing any product or services that are available through this Site. Buyer’s continued use of this Site after the “Last Updated Date” will constitute Buyer’s acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. Buyer should also carefully review our Privacy Policy before placing an order for products or services through this Site or by any other means of purchase (phone, email, etc).

1. Order Acceptance and Cancellation. Buyer agrees that Buyer’s Order is an offer to buy, under these Terms, all products and services listed in Buyer’s Order (at checkout, on site, or in email or invoice communications). All Orders must be accepted by Seller or Seller will not be obligated to sell the products or services to Buyer. Seller may choose to cancel/not to accept Orders at Seller’s sole and absolute discretion even after Seller sends Buyer a confirmation email with Buyer’s order number and details of the items Buyer has ordered.
2. Prices and Payment Terms.
1. All prices, discounts, and promotions posted on this Site, in any marketing materials or marketing channels, or in custom proposals, quote emails, estimates, and invoices are subject to change without notice due to product/vendor price changes or variances. The price charged for a product or service will be the price in effect at the time the Order is placed and will be sent out in Buyer’s order confirmation email or on order invoice. Price increases will only apply to orders placed after such changes. Prices may not include taxes, hand packing fees, or charges for shipping and handling, or ongoing gifting fees, if applicable. All such taxes and other charges will be itemized on the payment page of the Website, in Buyer’s order confirmation email, or on the invoice. Seller strives to display accurate price information, however Seller may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Seller reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences, in our sole and absolute discretion. Notwithstanding the foregoing, Seller collects sales tax for any purchases made in the State of New Jersey as well as any State in which the Seller is required to collect and pay sales tax and tax rate varies as dictated by each state.
2. Seller may offer from time to time promotions on the Site, social media accounts owned by Seller, and in email marketing campaigns, as applicable, that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. Seller may discontinue a promotion at any time, in its sole and absolute discretion. Promotions cannot be applied after an order has been placed, and promotions cannot be combined or stacked; only one promotion is applicable per order. Digital promotion codes are not applicable on Corporate Concierge Bulk Custom orders or on Happy Box Gift Instantly offering at this time; unless explicitly stated otherwise. 
3. Terms of payment are within Happy Box sole discretion and, unless otherwise agreed by Seller in writing, payment must be received by Seller before our acceptance of an order. Seller accepts most major credit cards and PayPal for all purchases. Buyer represents and warrants that (i) the credit card information Buyer supplies to Seller is true, correct, and complete, (ii) Buyer is duly authorized to use such credit card for the purchase, (iii) charges incurred by Buyer will be honored by Buyer’s credit card company, and (iv) Buyer will pay charges incurred by Buyer at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of Buyer’s order.
4. All sales are final and Seller will not under any circumstances issue refunds due to the custom nature of Happy Box services and goods.. All deposits are non-refundable.
5. Buyer shall pay for all Goods and all applicable shipping charges, fees, and taxes related to the Goods, and any duties and charges of any kind imposed by any Governmental Authority with respect to, or measured by, the manufacture, sale, shipment, use, or price of the Goods including interest and penalties thereon. Shipment of the Goods may be made to one (1) or more Delivery Location(s), as designated by Buyer, and Buyer is responsible for all applicable shipping charges.
6. Payment Terms for Custom Corporate One-Time Orders
1. Seller shall issue an Invoice to Buyer for a Transaction prior to Seller’s purchasing of any Goods and prior to any vendor management or creative services work. Buyer shall pay the Invoice upon receipt of the Invoice. 
2. Any additional creative or strategic services, Goods, photography, number of boxes or other requests made by the Buyer subsequent to Buyer’s receipt of the initial Invoice, shall be added to the initial Invoice sent to by Seller to Buyer or an additional invoice may be sent. 
3. Buyer may pay Invoices via check, bank transfer, or credit card. If shipping addresses are known at time of sale, shipping costs may be on initial invoice. If shipping costs are unknown at time of sale, additional invoice will follow to cover shipping costs, at a later date. Buyer is responsible for all shipping costs.
4. The Buyer is responsible for any and all additional costs incurred after the initial Invoice, including without limitation, if applicable:  rush fees, unforeseen tariffs, or other expenses that are requested by Buyer or otherwise are incurred as a result of fulfilling Buyer’s requests after the initial Invoice has been delivered to Buyer.
7. Payment Terms for Custom Corporate Ongoing Orders
1. An ongoing order is defined as any order where the Seller holds gifts/inventory on an ongoing basis (more than 30 consecutive days) and ships said gifts out on an ongoing basis. Seller shall issue an Invoice to the Buyer for the scope of work including products and services and no work will begin until initial Invoice is paid. Ongoing orders. Any additional fees deemed appropriate by the Seller (i.e. additional revisions to custom products, quantities, additional creative work, etc.), shall be invoiced ad-hoc as the services or Goods are requested. All ongoing orders are subject to monthly project management and storage fees, and these fees are invoiced monthly. Shipping is paid by the Buyer for ongoing orders as orders are dispatched via their custom client portal. 
8. Invoice Disputes
1. Buyer shall notify Seller in writing of any dispute with any Invoice along with substantiating documentation of the dispute within ten (10) Business Days from the Buyer's receipt of such Invoice. Buyer will be deemed to have accepted all Invoices for which Seller does not receive timely notification of disputes, and shall pay all undisputed amounts due. The Parties shall seek to resolve all such disputes expeditiously and in good faith. Notwithstanding anything to the contrary, Buyer shall continue performing its obligations under these Terms during any such dispute, including, without limitation, Buyer's obligation to pay all due and undisputed Invoice amounts.
3. Order Procedure.
1. Order Types, Gifts Sent to Recipients
1. Buyer may choose to purchase Goods as a (i) one-time delivery (“Single Orders”); or (ii) on-going basis over a defined time period for Corporate Orders (“Ongoing Orders”). Buyer and Seller must agree on an 'end date' for the On-going Order. If an end date is uncertain/undefined, the terms of this agreement prevail until 365 days post initial kickoff, or when the Buyer’s inventory is completely depleted, whichever is sooner. As long as any inventory is being held in Seller’s warehouse, Buyer is responsible to pay ongoing storage and project management fees. For all On-going Orders, in the event that the Buyer does not provide the timing and shipment information for all Delivery Location(s) by the agreed upon end date, then Seller shall ship all remaining Goods on the Invoice that have yet to be shipped to Buyer or Buyer will continue to incur storage fees for such Goods, which fees shall be determined by Seller in its sole and absolute discretion. Seller shall not be held responsible for any Goods that have expired (e.g., food items) that are held in storage. If Buyer has any Goods stored with Seller for a prolonged period of time (6 months) and has not shipped any Goods, has not paid any storage or project management fees, and has not responded to multiple (at least three) attempts in communication by Seller regarding their custom campaign next steps, Seller will initiate the collections process with a third party collections agency. After one year of non-responsiveness, no shipment activity, and invoice payment delinquency, Seller will send final invoice for all fees incurred, which is still owed, and the Seller may consider the Goods abandoned and destroy or discard them. Seller will not ship any gifts for ongoing orders if Buyer falls behind on invoices, and storage and project management fees will continue to accrue.
   
   
2. Order Types, Let Recipients Pick A Gift (“Gift Instantly.”)
1. Gift Instantly is a service that allows end recipients to choose their own gift, from a selection of gifts dictated either by budget or via custom corporate concierge proposal, facilitated between Seller and Buyer. There are two types of Gift Instantly: 1) Ready to send, self-serve available on Seller website, and 2) Custom Gift Instantly, facilitated through our corporate concierge custom offering.  
2. Seller is not responsible if emails are blocked from corporate company firewalls, promotions or spam filters, or any other technical issue outside of Seller’s control. Seller recommends alerting gift recipients that a gift is on the way via email, and to mention to the company's IT department if possible that emails may come from the happyboxstore.com domain. 
3. End recipient emails are being automatically sent via a 3rd party email platform; delays and glitches may occur that are outside of Seller’s control. Seller will alert Buyer as soon as any issue is known, and prioritize resolution to the best of their ability. 
4. Seller is not responsible for any delivery or shipment information input incorrectly by Buyer, gift  sender or gift recipient (i.e. full name, email address, shipping address, phone number etc.). Seller to make commercially reasonable efforts to resolve and change or update needed, but note resolution may not be possible.
5. Self-serve, Gift Instantly end recipients (purchased on website) will have 30 days to claim their gift. They will be notified via email 4 times (weekly). If a recipient does not claim their gift within the 30-day period of notifications being sent to them via email, the purchaser/sender has the opportunity to convert the gift amount to Happyboxstore.com store credit. To do so, they must email orders@happyboxstore.com with their order number and the conversion to store credit will happen within 48 hours and be communicated via email. At this time, we cannot provide a bulk update of redemption information.
6. Custom, corporate Gift Instantly recipients (purchased via corporate concierge service) will have custom aligned-upon timing dictated in Buyer’s  proposal. 
7. Gift Instantly Inventory
1. Selection  and pricing subject to change, based on availability at any time
2. Selected and claimed inventory is shipped both from Seller headquarters and also drop shipped from 3rd party vendors and partners. As a result, shipping times vary, but estimated deliver times range from 1-5 weeks, depending on seasonality and inventory levels. 
3. Some inventory is custom ordered and may have longer ship times.
8. At this time, marketing/promotional discounts cannot be applied to Gift Instantly offerings. 
9. Self-serve on-site orders for Gift Instantly are only available to end-recipients in the domestic U.S. as of right now. We’re looking to expand this option in the future.
   
   
3. No Annual Minimum Quantities
1. The Parties agree that Buyer is not obligated to purchase any annual minimum quantities from Seller under these Terms and Seller is not obligated to sell any annual minimum quantities to Buyer under these Terms. Note: some custom branded products do have product  order minimums as dictated by our vendors and partners.
4. Orders
1. By placing an order, whether it be on the website, via email, or digital meeting, Buyer makes an offer to purchase the Goods pursuant to the terms and conditions of these Terms, and on no other terms. 
2. Seller cannot guarantee availability of all Goods in an Invoice and Seller shall not be responsible for any Goods that become unavailable or have price changes due to vendor changes, vendor stocking issues, or other circumstances outside of Seller’s control.
3. The Buyer, or end recipient (where applicable) shall be required to submit all accurate delivery locations in full including full name and complete address for successful delivery. This delivery information may be submitted on the website, via email in a spreadsheet, or in the shipping template, or in their custom client portal. Seller is not responsible for errors in shipment or shipment delays due to the Buyer or end recipient entering incorrect or outdated delivery information. The Buyer or end recipient will be fully responsible to cover costs of reshipments and/or restocking fees, where applicable, in Seller’s own discretion. Should Seller receive a care package returned to its warehouse, Buyer or end recipient is responsible for re-shipment costs and for providing an updated address within 7 business days, or the Buyer agrees to forfeit the Goods. Any non-custom items that can be restocked will be, but the costs of shipping materials, custom items, labor, shipping and any other custom fees are not refundable in any case.
4. Seller charges a mandatory non-refundable hand-packing and labor fee for each order to cover labor costs. 
5. Some orders contain handwritten cards. These cards are handwritten by individuals and while Seller makes efforts to train all individuals in neat, clean and legible handwriting, Seller makes no representation, warranty, or guarantee as to their conformity to a particular handwritten standard or style and Seller is in no way responsible for any mistakes, errors, or omissions in connection with the foregoing. Cards only include the written name of Sender when requested in the Order, and card messages are limited to 120-150 characters depending on the gift offering (which is noted on the product site).
6. At times, website glitches or outages may occur, beyond Seller’s control. Seller to prioritize resolution and will work with Buyers on any required updates or communication.
7. Custom products
1. Some orders contain custom, logo products and cards. Seller requires high-resolution logos to service these orders from Buyer, and will communicate these needs via email communication once orders are placed, as well as will communicate mockups via email communication.
2. Some orders contain custom logo greeting cards. These cards are typically double-sided, 4.5” by 5.5” (unless otherwise specified)  and are digitally printed cardstock cards and include two rounds of creative feedback included in custom corporate orders. Handwriting can be added for an incremental fee. More than two rounds of creative revisions will incur additional fees.
1. Custom website development work
1. Some orders (specifically corporate custom orders) require custom development work or custom website experiences and product imagery built for Buyer. Seller to build and test to the best of their ability. In the event of any website, portal, or email glitches, Seller will make prioritized, commercially reasonable efforts to resolve in a timely manner, with as minimal impact to Buyer’s gifting campaign as possible.
   
   
5. Seller's Right to Accept or Reject Order
1. Seller has the right, in its sole discretion, to accept or reject any Order. Seller may accept any Order by confirming the order (whether by written confirmation, Invoice or otherwise) or by delivering such Goods, whichever occurs first. No Order is binding on Seller unless accepted by Seller as provided in these Terms.
   
   
6. Cancellation of Transactions
1. Seller may, in its sole discretion, without liability or penalty, cancel any Transaction (one-time or ongoing):
1. if Seller determines that Buyer is in violation of its payment obligations or has materially breached or is in material breach of these Terms; or
2. if Seller determines, in its sole and absolute discretion, that Buyer's financial condition or creditworthiness is inadequate or unsatisfactory, then in addition to Seller's other rights set forth herein, Seller may, without liability or penalty, accelerate all amounts owed by Buyer to Seller under these Terms.
3. In the event of a cancellation, Buyer understands that deposits are nonrefundable.
7. Gift Cards
   
   
1. Buyer will be able to purchase a gift card on our website. Gift cards cannot be combined with other discount codes or promotional codes at time of purchase. All gift card sales are final and will not be canceled or refunded. 

Shipments and Delivery

1. Seller will arrange for shipment of the products for all orders pursuant to the Buyer’s selected shipping speed, or agreed upon ship date. 
2. Most orders take 1-3 business days processing time plus selected shipping time. This processing time is to accurately hand-pack gifts and to handwrite gift messages. In certain circumstances for custom branded inventory, processing and production time is much longer and will be dictated on product listing on website or in proposal communication for custom corporate orders. Please check the FAQs page for latest shipping information and estimated ranges, as it may change with seasonality as Seller leverages third party shipping partners (i.e. UPS).
3. Shipping and delivery dates are estimates only and cannot be guaranteed. Seller is not liable for any delays in shipments outside its control (vendor delays, weather, shipping carrier delays). Any time quoted by Seller for delivery is an estimate only. Seller is not liable for, or in respect of, any loss or damage arising from any delay in filling any order, failure to deliver, or delay in delivery. No delay in the shipment or delivery of any Goods relieves Buyer of its obligations under these Terms, including without limitation accepting delivery of any remaining installment(s) of Goods.
4. For orders placed directly on website, for delivery and shipment questions, once the product ships, Buyer should contact orders@happyboxstore.com or visit FAQ. 
5. For orders placed via corporate concierge, for delivery and shipment questions, Buyer should contact corporate@happyboxstore.com. 
6. Buyer will pay all shipping, handling, and processing charges specified during the ordering process. Shipping, handling, and processing charges are reimbursement for the costs Seller incurs in the processing, labor, handling, packing, shipping, and delivery administration of Buyer’s order.
7. Seller ships internationally, see more information in International Shipping section below. 
1. There is always an incremental charge for international shipping, which is based on the size of box, contents, and end-location goods are being shipped to. Seller will decide the appropriate shipping carrier/service based on timeline for specific order. Buyer is responsible for all tariffs, taxes, fees associated with International shipping and is fully responsible for educating themselves on the particular country they are shipping to. Buyer is responsible for tracking package shipment progress and understands international shipping times may be much longer than domestic shipping times; and Seller does not guarantee arrival by a specific date/time. If international packages get returned to the sender for any reason, Seller will not refund shipping costs incurred. For all corporate/bulk international shipping orders, Buyer must fill out the Shipping Template and upload to their client portal, and include detailed recipient information for customs including but not limited to phone number, address, full name. Should the shipping carrier not be able to deliver shipment for any reason (recipient wrong address, recipient does not want to pick up the package at post office, etc), Buyer is responsible for any and all  additional fees that may occur to retrieve the package or the package may be forfeited. See more information on International Shipping below.
8. Buyer is responsible for providing Seller with correct and accurate addresses and full names of Buyer’s intended recipients when entering shipping information on or through the Site, Client Portal, or in the Shipping Template. 
9. In the event that Buyer provides Seller with incorrect or inaccurate addresses for Buyer’s intended recipients (on Site or in any communication about the order), commercially reasonable efforts will be made to correct such incorrect or inaccurate information prior to shipment, though it may not be possible and additional charges may be incurred, to be determined at the time of correction, based on third party shipper policy. Please note, corrections and updates may not be possible. Seller is not be responsible for lost or returned packages due to incorrect address information submitted in any way or format by Buyer.
10. Return to Senders: In the event items are returned to our warehouse and only when the goods are physically in the warehouse, for U.S. shipped orders, Buyer will be contacted for next possible steps. Buyer may be issued a refund for the box total minus a $10 restocking/labor fee and minus any shipping fees to cover the loss of custom written cards, items packed, and perishable goods as well as labor to restock and process the return. Hand packing fee (labor), custom card fee, shipping paid, box, and perishable items are not restockable or refundable for any reason.
11. In the event that a package(s) is lost/stolen and this is not due to a customer address input error, Seller will provide specific next steps, and may refund the entire order amount and file a claim with the shipping carrier. 
12. In both international and U.S. orders, Seller will not re-ship to the same address; a new address must be submitted by the Buyer in order to re-ship any box, as first delivery failure usually indicates a delivery issue. Buyer should speak with UPS or specified shipping carrier for their order  to understand the issue and confirm shipping viability before re-submitting an address to Seller for a reshipment. 
13. Once an Order is placed, no further changes requested by Buyer can be made. Seller will complete the Order to the best of its ability. Should Buyer request a change to their Order, Seller has discretion to make such accommodations but is not required to.
14. As a current limitation with our shipping partner, currently UPS, Buyer is only able to ship to PO boxes and/or APOs via Flat Rate UPS Surepost shipping service. Flat Rate UPS Surepost is a domestic shipping service. International shipping to PO boxes and/or APOs is currently unavailable. 
15. Title and risk of loss pass to Buyer upon our transfer of the products to our shipping partners, currently UPS, as applicable. 
16. Buyer will receive an order confirmation with the shipping information and tracking information as well as updates. 
17. By purchasing from Seller, Buyer agrees to use the Seller-recommended shipping carrier, currently UPS. Seller will use UPS shipping carrier on all corporate/bulk orders unless otherwise specified and mutually agreed upon in writing between Buyer and Seller.
18. The Seller shall use commercially reasonable efforts to pack all Goods; however, things shift and/or can become damaged in transit and Seller shall not be liable, under any circumstances, to Buyer or to end recipient for damage to Goods which occurs during transit.

International Shipping via Passport

1. If you place an order requiring International Shipping (shipping outside of the domestic U.S.), the Product(s) that you are purchasing will be sold first by Seller, Happy Box Store LLC, to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Order. View Passport privacy policy here.
2. By placing an Order requiring international shipping on the Seller’s website, you understand and agree that:
1. You are providing your information to Passport. Passport may contact you about your order.
2. If there is an error in the price listed for a Product on the Seller’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.
3. Once your payment is processed, ownership in the items will shift from Passport, to you.
4. Certain addresses will be ineligible for shipment, such as PO box addresses.
5. Passport may refuse service, refuse to process Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
6. If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
7. You authorize Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorized.
3. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped.
4. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
5. Customer Service and Returns for orders shipped to International addresses via Passport: Seller may connect you with a representative at Passport to resolve relevant issues.
6. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Seller’s website:
1. Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Seller’s website. By placing an Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
2. Privacy. To complete your Order you will be providing personal information to Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with Passport’s Privacy Policy. 
3. Electronic Communications. When you place an international shipping  Order through the Seller’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.
4. Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. You are responsible for reviewing these Terms and Conditions each time you make an Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .
5. Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
   
   

1. Recipient Privacy Rights
1. Seller is aligned with the FTC’s cybersecurity guidelines for small businesses.
2. Any customer, Buyer, end recipient can request data erasure at any time. Seller to comply within 7 days and remove all data controlled by Seller.
3. In any case (largely in corporate custom bulk orders) where Buyer and end recipient information may be exchanged beyond our corporate client portal and beyond Shopify and standard direct to consumer e-commerce transactions, to safeguard the privacy of Buyer, customers, and end recipients, Seller deletes recipients’ addresses in any Happy Box Shipping Template exchanged (any external documentation to Shopify or portal experience) forty-five (45) days following the completion of a corporate gifting campaign. Seller uses third-party services and/or carriers (e.g., Shopify, USPS, UPS) to process and ship care packages, which services require recipients’ names and mailing addresses to successfully deliver care packages. These unaffiliated third-party services and/or carriers maintain their own privacy policies and practices with respect to maintenance of recipient addresses. Seller does not control such policies and practices and Buyer is subject to the privacy policies and other guidelines of such third parties and their affiliates. Seller shall not be held liable for any claims, damages, or actions in connection with the disclosure or other mishandling of recipients’ name and mailing addresses by such unaffiliated third parties or their affiliates.
4. Buyer is responsible for making the gift known to their end recipient. Should Buyer fail to disclose the gift to the end recipient, and the recipient of the product inquires about the identity of the sender of the box, Seller retains the right to disclose the name to the recipient.
   
   
2. Returns and Refunds.
1. ALL SALES ARE FINAL. WE DO NOT OFFER RETURNS REFUNDS, OR EXCHANGES ON ANY PRODUCTS ORDERED FROM SELLER THROUGH ANY CHANNEL INCLUDING WITHOUT LIMITATION, THIS SITE, EMAIL, SOCIAL MEDIA, AND TELEPHONE. 
2. For quality issues or damages that may arise due to shipment, Seller to work with the shipping provider to file a claim on Buyer’s behalf, but resolutions are not guaranteed. Buyer to assist by providing all information possible for the claim. If a claim is successful, Seller to credit/refund Buyer for damaged product costs only.
   
   
3. Manufacturer’s Warranty and Disclaimers. Seller does not manufacture or control the quality any of the products or services offered on the Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, Seller does not provide any warranties with respect to the products or services offered on the Site. 

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU, IF APPLICABLE.

FOOD AND FOOD ALLERGY DISCLAIMERS

FOOD PRODUCTS THAT WE PROVIDE MAY CONTAIN ALLERGEN-CONTAINING INGREDIENTS FROM THE MANUFACTURER. ANY LABELED OR NON-LABELED FOOD ALWAYS HAS A RISK OF POSSIBLE ALLERGEN CONTAMINATION. BUYER IS ENCOURAGED TO READ THE LABELS, EMAIL ASKING FOR MORE INFORMATION IF NEEDED, BEFORE SENDING OR BEFORE CONSUMING AND IF AN ITEM DOES NOT SPECIFICALLY STATE ITS CONTENTS, END CONSUMERS ARE RESPONSIBLE FOR THE CONSUMPTION OF SUCH FOOD ITEM. SELLER WILL NOT ASSUME ANY LIABILITY FOR ADVERSE REACTIONS AND/OR ALLERGIES TO FOOD OR FOOD PRODUCTS CONSUMED INCLUDING LABELED AND NON-LABELED FOOD PRODUCTS.

MELTING AND WARM WEATHER SHIPPING

PLEASE NOTE THAT ORDERING ITEMS SUBJECT TO MELTING IS AT YOUR OWN RISK. QUALITY UPON DELIVERY OF THESE ITEMS CANNOT BE GUARANTEED BY US. WE WILL NOT ISSUE REFUNDS AS A RESULT OF MELTING REGARDLESS OF THE TIME OF YEAR. ITEM SWAPS WILL BE MADE AT SELLER’S OWN DISCRETION TO UPHOLD QUALITY OF RECIPIENT EXPERIENCE. 

PRODUCT PACKAGING

ON OCCASION, MANUFACTURERS MAY UPDATE THEIR PRODUCT PACKAGING AND INGREDIENT LISTS. AS A RESULT, ACTUAL PRODUCT PACKAGING MAY DIFFER FROM WHAT IS DISPLAYED ON THE SITE. IT IS YOUR RESPONSIBILITY TO ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR MOST CURRENT AND/OR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER.

PRODUCT IMAGES

SELLER HAS MADE A COMMERCIALLY REASONABLE EFFORT TO DISPLAY, AS ACCURATELY AS POSSIBLE, THE IMAGES OF PRODUCTS THAT APPEAR ON THE SITE. SELLER CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR’S DISPLAY OF ANY PRODUCT WILL BE COMPLETELY ACCURATE.

FOR CUSTOMIZED ORDERS, BUYER IS RESPONSIBLE FOR PROVIDING HIGH RESOLUTION, HIGH QUALITY LOGO/ARTWORK SHOULD; SELLER IS NOT RESPONSIBLE FOR LACK OF PRINTED QUALITY BASED ON FILE TYPE.

8. Limitation of Liability. IN NO EVENT SHALL SELLER BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

SELLER’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED FROM SELLER THROUGH ANY CHANNEL INCLUDING WITHOUT LIMITATION, THIS SITE, EMAIL, SOCIAL MEDIA, AND TELEPHONE.

9. General Compliance with Laws Covenant. Buyer shall at all times comply with all Laws applicable to these Terms, Buyer's performance of its obligations hereunder and Buyer's use or sale of the Goods. Without limiting the generality of the foregoing, Buyer shall (a) at its own expense, maintain all certifications, credentials, licenses, and permits necessary to conduct its business relating to the purchase or use of the Goods and (b) not engage in any activity or transaction involving the Goods, by way of shipment, use or otherwise, that violates any Law.
10. Intellectual Property Rights.
11. Ownership
12. Buyer acknowledges and agrees that:

1. any and all Seller's Intellectual Property Rights are the sole and exclusive property of Seller or its licensors; 
2. Buyer shall not acquire any ownership interest in any of Seller's Intellectual Property Rights under these Terms;
3. any goodwill derived from the use by Buyer of Seller's Intellectual Property Rights inures to the benefit of Seller or its licensors, as the case may be; and
4. Buyer shall use Seller's Intellectual Property Rights solely for purposes of using the Goods under these Terms and only in accordance with these Terms and the instructions of Seller.

1. Prohibited Acts
2. Buyer shall not:

1. take any action that interferes with any of Seller's rights in or to Seller's Intellectual Property Rights, including Seller's ownership or exercise thereof;
2. challenge any right, title, or interest of Seller in or to Seller's Intellectual Property Rights;
3. make any claim or take any action adverse to Seller's ownership of Seller's Intellectual Property Rights;
4. register or apply for registrations, anywhere in the world, for Seller's Trademarks or any other Trademark that is similar to Seller's Trademarks or that incorporates Seller's Trademarks in whole or in confusingly similar part;
5. use any mark, anywhere that is confusingly similar to Seller's Trademarks in whole or in confusingly similar part;
6. engage in any action that tends to disparage, dilute the value of, or reflect negatively on the Goods or any Seller's Trademarks;
7. misappropriate any of Seller's Trademarks for use as a domain name without prior written consent from Seller; or
8. alter, obscure or remove any Seller's Trademarks, or Trademark or copyright notices or any other proprietary rights notices placed on the Goods, marketing materials or other materials that Seller may provide.

11. Goods Not for Resale or Export. Buyer represents and warrants that Buyer is buying products or services from the Site for Buyer’s own personal or household use only, and not for resale or export. Buyer further represents and warrants that all purchases are intended for final delivery to locations within the US. 
12. Privacy. Seller respects Buyer’s privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from Buyer in connection with Buyer’s use of the Site and purchase of products or services through the Site. ‌
13. Force Majeure. Seller will not be liable or responsible to Buyer, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, quarantine, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 
14. Governing Law and Jurisdiction. This Site is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey. 
15. Dispute Resolution and Binding Arbitration.
16. YOU AND HAPPY BOX STORE, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

12. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

1. Buyer may elect to pursue Buyer’s claim in small-claims court rather than arbitration if Buyer provides Seller with written notice of Buyer’s intention do so within sixty (60) days of Buyer’s purchase. The arbitration or small-claims court proceeding will be limited solely to Buyer’s individual dispute or controversy.
2. BUYER AGREES TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER YOU NOR HAPPY BOX STORE, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRAL TRIBUNAL HAS NO POWER TO CONSIDER THE ENFORCEABILITY OF THIS CLASS ARBITRATION WAIVER AND ANY CHALLENGE TO THE CLASS ARBITRATION WAIVER MAY ONLY BE RAISED IN A COURT OF COMPETENT JURISDICTION.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

 

16. Indemnification.
17. Buyer Indemnification
18. Subject to the terms and conditions of these Terms, Buyer (as "Indemnifying Party") shall indemnify, defend and hold harmless Seller and its representatives, directors, employees, agents, affiliates, successors and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees and the costs of enforcing any right to indemnification under these Terms and the cost of pursuing any insurance providers, incurred by Indemnified Party/awarded against Indemnified Party in a final judgment (collectively, "Losses"), relating to/arising out or resulting from any Claim of a third party or Party alleging:
19. any negligent or more culpable act or omission of Indemnifying Party or its Personnel (including any recklessness or willful misconduct) in connection with the performance of its obligations under these Terms;
20. any bodily injury, death of any Person or damage to real or tangible personal property caused by the willful or negligent acts or omissions of Indemnifying Party or its Personnel; or
21. any failure by Indemnifying Party or its Personnel to materially comply with any applicable Laws.
22. Assignment. Buyer will not assign any of Buyer’s rights or delegate any of Buyer’s obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 17 is null and void. No assignment or delegation relieves Buyer of any of Buyer’s obligations under these Terms.
23. No Waivers. The failure by Seller to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Happy Box Store, LLC.
24. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than Buyer.
25. Notices.
26. To Buyer. Seller may provide any notice to Buyer under these Terms by: (i) sending a message to the email address Buyer provides or (ii) by posting to the Site. Notices sent by email will be effective when Seller sends the email and notices Seller provides by posting will be effective upon posting. It is Buyer’s responsibility to keep Buyer’s email address current.
27. To Seller. To give Seller notice under these Terms, Buyer must contact Seller as follows by personal delivery, overnight courier, or registered or certified mail to Happy Box Store LLC, PO Box 567, Hoboken, NJ 07030. Seller may update the address for notices to Seller by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. 
28. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
29. Relationship of Parties. Nothing in these Terms creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the Parties. Buyer is an independent contractor pursuant to these Terms. Neither Party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third party.
30. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between Buyer and Seller on the matters contained in these Terms.
31. Definitions.
32. "Action" means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory, or otherwise, whether at law, in equity or otherwise.
33. "Affiliate" of a Person means any other Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person. The term "control" (including the terms "controlled by" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, or otherwise.
34. "Basic Purchase Order Terms" means, collectively, any one or more of the following terms specified by Buyer in an Invoice pursuant to Section 4.01: (a) a list of the Goods to be purchased (b) the quantity of each of the Goods ordered; (c) the requested delivery date; (d) the unit Price for each of the Goods to be purchased; (e) the billing address; and (f) the Delivery Location(s). 
35. "Claim" means any Action brought against a Person entitled to indemnification.
36. "Control" (and with correlative meanings, the terms "Controlled by" and "under common Control with") means, with respect to any Person, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of another Person, whether through the ownership of voting securities, by contract, or otherwise.
37. "Delivery Location" means the street address specified in the applicable Invoice.
38. "Goods" means the goods set forth in the Invoice, as Seller may amend in its sole discretion from time to time.
39. "Governmental Authority" means any federal, state, local, or foreign government or political subdivision thereof, or any agency or instrumentality of such government or political subdivision, or any self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the rules, regulations, or orders of such organization or authority have the force of Law), or any arbitrator, court, or tribunal of competent jurisdiction.
40. "Governmental Order" means any order, writ, judgment, injunction, decree, stipulation, award or determination entered by or with any Governmental Authority.
41. "Law" means any statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, Governmental Order, or other requirement or rule of law of any Governmental Authority.
42. "Person" means any individual, partnership, corporation, trust, limited liability entity, unincorporated organization, association, Governmental Authority, or any other entity.
43. "Personnel" means agents, employees, or subcontractors engaged or appointed by Seller or Buyer.
44. "Invoice" means Buyer's Order issued to Seller hereunder, including all terms and conditions attached to, or incorporated into, such Order. The term “Invoice” shall be used accordingly, as appropriate, for Single Orders and On-going Orders.
45. "Representatives" means a Party's Affiliates, employees, officers, directors, partners, shareholders, agents, attorneys, third-party advisors, successors, and permitted assigns.
46. "Seller's Trademarks" means all Trademarks owned or licensed by Seller.
47. "Trademarks" means all rights in and to US and foreign trademarks, service marks, trade dress, trade names, brand names, logos, trade dress, corporate names, and domain names, and other similar designations of source, sponsorship, association or origin, together with the goodwill symbolized by any of the foregoing, in each case whether registered or unregistered and including all registrations and applications for, and renewals and extensions of, such rights and all similar or equivalent rights or forms of protection in any part of the world.
48. "Transaction" means any Invoice that has been accepted by Seller pursuant to Section 3(a).

 

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Website Terms of Use

Last Modified: April 13, 2023

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Happy Box Store, LLC ("Company," "we," or "us"). The following terms and conditions, together with the Terms of Service (collectively, "Terms of Use"), govern your access to and use of https://happyboxstore.com, including any content, functionality, and services offered on or through https://happyboxstore.com (the "Website"), whether as a guest or a registered user and/or customer.

Please read the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://happyboxstore.com/pages/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

This Website is offered and available to users who are eighteen (18) years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://happyboxstore.com/pages/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features. We maintain social media accounts located at Instagram, Facebook, Tiktok, and Pinterest.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: hello@happyboxstore.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Company trademarks, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (as set forth below) set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, post product reviews, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards (as set forth below) set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. 

You represent and warrant that: 

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole and absolute discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards (as set forth below), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY AND/OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy located at https://happyboxstore.com/pages/privacy-policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our send us notice of such copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers. 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy located at https://happyboxstore.com/pages/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods set forth in the Invoice (the “Goods”) or information formed through the Website, or resulting from visits made by you, are governed by our Terms of Services (as set forth above) which are hereby incorporated into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express prior written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of New Jersey in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF USD $1,000.00 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT YOU PURCHASED IN THE LAST THREE (3) MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS, ANY USE OF THE WEBSITE'S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.

Governing Law 

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey State law.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Happy Box Store, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

Your Comments and Concerns

This Website is operated by Happy Box Store, LLC, PO Box 567, Hoboken, NJ, 07030.

All notices of copyright infringement claims should be sent to the following: hannah@happyboxstore.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to our Customer Experience team at: orders@happyboxstore.com.