Terms of Service
TERMS OF SERVICE
HappiBox (Dell Oak LLC d/b/a HappiBox)
Last Modified: January 1, 2021
- 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, 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 and services through Tiny Gift Society website located at https://happiboxshop.com/ (the “Site”). These Terms are subject to change by Dell Oak LLC d/b/a Tiny Gift Society (referred to as “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. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole and absolute discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
- Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. 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 your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, fees, or charges for shipping and handling, if applicable. All such taxes and other charges will be itemized on the payment page of the Website and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve 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, we collect sales tax for any purchases made in the State of Texas.
(b) We may offer from time-to-time promotions on the Site, social media accounts owned by us, and in e-mail 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.
(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards, Apple Pay, and PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you 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 your order.
- Shipments and Delivery.
(a) We will arrange for shipment of the products to you if you are located in the United States. Please check the FAQs page under “Shipping Questions” for our shipping policies and delivery times. We do not guarantee specific delivery dates, but rather provide general ranges for when shipping (not delivery) is likely to occur as set forth in the FAQs. You will pay all shipping, handling, and processing charges specified during the ordering process. Shipping, handling, and processing charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order more fully described on the FAQs page of the Site. WE DO NOT CURRENTLY OFFER SHIPPING OUTSIDE OF THE UNITED STATES. SHIPMENTS TO U.S TERRITORIES, ALASKA, HAWAII, AND SHIPPING DESTINATIONS OTHER THAN THE UNITED STATES, MAY NOT QUALIFY FOR FREE SHIPPING. SHIPMENTS TO ALASKA AND HAWAII WILL BE DELAYED BEYOND THE SHIPPING TIME FRAME POSTED ON THE FAQS PAGE.
(b) You are responsible for providing us with correct and accurate addresses and full names of your intended recipients when entering shipping information on or through the Site. In the event that you provide us with incorrect or inaccurate addresses for your intended recipients, commercially reasonable efforts will be made to correct such incorrect or inaccurate information PRIOR TO SHIPMENT if you notify us via e-mail and provide us with both your order number and the modification you would like to recipient’s name and/or address. As previously stated, if the item has already shipped, we will not be responsible for lost or returned packages. If the item has shipped and you would like to make changes to the recipient and/or their address, you must contact the shipping company (e.g. USPS, UPS, or FedEx), and the shipping company may charge you a fee for such change(s). In the event items are returned to our warehouse, you will be charged applicable shipping rates for us to re-ship such items to the correct address. In the event that a package(s) is not sent back to our warehouse and is lost, we will ship a new package (subject in all cases to item availability and cost) to the correct address at sixty percent (60%) of cost, plus applicable shipping charges.
(c) Title and risk of loss pass to you upon our transfer of the products to our shipping partners, currently USPS or UPS, as applicable. You will receive an order confirmation with the shipping information and tracking information as well as updates. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Once the product ships, you should contact the shipping carrier noted in the confirmation email (with related tracking number) for any shipping questions or issues, and if needed, open a service request. We encourage the purchase of shipping insurance to mitigate risks of lost or damaged packages.
- Returns and Refunds.
(a) ALL SALES ARE FINAL. WE DO NOT OFFER RETURNS, REFUNDS, OR EXCHANGES ON ANY PRODUCTS DESIGNATED ON THIS SITE.
(b) We make every effort to ensure that each box is packaged correctly; however, in the event a product in a box is either missing or broken please reach out to us immediately (e-mail to: email@example.com ) and we will either re-ship the item (if such item is still in stock) or refund the cost of the missing and/or damaged item.
- Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our 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, we do not provide any warranties with respect to the products or services offered on our 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.
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.
We have made a commercially reasonable effort to display, as accurately as possible, the images of its products that appear on the site. We cannot guarantee that your computer monitor’s display of any product will be completely accurate.
- Limitation of liability. In no event shall we 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. Our sole and entire maximum liability, for any reason, and your 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 through our site.
- Force Majeure. We will not be liable or responsible to you, 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, 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.
- 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 Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
- Dispute Resolution and Binding Arbitration.
(a) YOU AND DELL OAK LLC d/b/a HAPPIBOX 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.
(b) 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.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR DELL OAK LLC d/b/a HAPPIBOX 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.
- Assignments. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us 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 Dell Oak LLC d/b/a Happibox.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(b) To Us. To give us notice under these Terms, you must contact us as follows by personal delivery, overnight courier, or registered or certified mail to Dell Oak LLC, 4576 Hinton Drive, Plano, Texas, 75024. We may update the address for notices to us 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.
- 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.