Terms and conditions
Welcome to Happieshop4u. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules.
1. Accepting These Terms:
The Terms are a legally binding contract between you and Happieshop4u. If you live in India, the contract is between you and happieshop4u Internet India pvt ltd.
Please note that Section 11. Disputes with Happieshop4u, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use Happieshop4u.com, Pattern by happieshop4u, our mobile apps, and the other services provided by happieshop4u (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Great, read on!
2. Those Other Documents We Mentioned:
Happieshop4u’s Services connect people around the India, online , to make, sell, and buy goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our House Rules for Sellers: You must have the right to sell the Items that you make available for sale through the Service. You must describe your Item (including the original price) and all terms of sale in your listing truthfully, accurately and completely. A complete guide and training will be shared to your registered email ID before we onboard to you.
Our House Rules for Buyers: You are responsible for reading the full Item listing before making an order. When you make an order and your order is accepted by the Seller, order will be delivered as per the policy.
Purchases: Buyers can purchase Items from Sellers. Once an order is placed by Buyer, the sale transaction is binding on both Seller and Buyer, and returns, refunds, cancellations or retractions are allowed, except as permitted by these Terms policy. Buyer must pay the purchase price and shipping costs for the Item through the Service. After doing so, Buyer’s obligations are complete, unless Buyer requests a permitted return. After Buyer pays those amounts, Happieshop4u will forward order to seller with a prepaid shipping label(order confirmation notification) or ("Label"), sent to the email address associated with Seller’s account and order confirmation to purchaser. Once the Label is sent to Seller, Happieshop4u’s obligations for that sale are complete. Notwithstanding the foregoing, a Buyer may cancel an order for an Item within 24 hours of purchasing that Item.
Seller must ship the Item to the Buyer using the Label (and corresponding shipping method) within 6-8 business days(Refer Return court) after receipt of the Label. If the Seller does not ship the Item within that time period, then we will notify Seller and give Seller a set amount of time to ship the Item before we cancel the order automatically. Seller transfers title to the Item upon shipment.
When using a Label or order confirmation notification provided by Happieshop4u: (i) Seller may only use the Label to ship the applicable Item; (ii) Labels may not be transferred or sold to a third party; (iii) Seller is fully responsible for the contents of any parcels shipped using the Label; and (iv) Seller must comply with the terms and conditions and any other policies or rules imposed by the carrier used to ship the Items. As a Buyer, if an Item shipped with a Label is lost, damaged, or arrives later than expected, or is the wrong Item, we have no obligation to you; however, please report the issue to us through the Service within 2 working days after delivery. Happieshop4u reserves the right to discontinue or unlist sellers at any time and for any reason.
Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service or by failing to notify Happieshop4u of any issues with the Item within 2 working days of delivery of the Item, as determined by the tracking information), then happieshop4u will credit Seller’s account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), minus happieshop4u’s commission, as set forth in the Policy. Funds credited to Seller’s account may be redeemed by the Seller through a permitted third party payment gateway.
Seller must ship the Item to the Buyer using within 6-8 working days after receiving the order confirmation. If the Seller does not ship the Item within that time period, then we will notify Seller and give Seller a set amount of time to ship the Item before we cancel the order automatically. Seller transfers title to the Item upon shipment.
Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service or by failing to notify happieshop4u of any issues with the Item within two days of delivery of the Item, as determined by the tracking information on the Label), then Happieshop4u will credit Seller’s account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), minus Happieshop4u’s commission, as set forth in the seller Fee Policy. Funds credited to Seller’s account may be redeemed by the Seller through a permitted third party payment provider or other source of transfers to the seller account upon seller confirmation.
Returns: Happieshop4u may allow you to return an Item in limited circumstances. If the Item you receive is not as described on the Service, then you may request a return by reporting the issue through the Service or by emailing email@example.com, in each case within two days after delivery (as determined by the tracking information on the Label) of the Item.
Intellectual Property Rights: Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain images and descriptions of fashion items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Happieshop4u, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of Happieshop4u, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by Happieshop4u.
The Happieshop4u name and logos are trademarks and service marks of Happieshop4u (collectively the " Happieshop4u Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Happieshop4u. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Happieshop4u Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Happieshop4u Trademarks will inure to our exclusive benefit.
Electronic Communications: When you use the Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.
Third Party Material: Under no circumstances will Happieshop4u be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that Happieshop4u does not pre-screen items or content, but that Happieshop4u and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, Happieshop4u and its designees shall have the right to remove any item or content that violates these Terms or is deemed by Happieshop4u, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.
User Content Posted on the Site: You are solely responsible for the content you post or transmit on or through the Service (collectively, "User Content"). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to Happieshop4u and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Happieshop4u, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Happieshop4u are non-confidential and Happieshop4u shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Happieshop4u may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Happieshop4u, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Infringement Policy: Happieshop4u respects the intellectual property of others, and we ask our users to do the same. Happieshop4u will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· A description of the copyrighted work or other intellectual property that you claim has been infringed;
· A description of where the material that you claim is infringing is located on the service, with enough detail that we may find it on the service;
· Your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
· If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a written counter-notice containing the following information to the copyright agent:
· Your physical or electronic signature;
· Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
· A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
· Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within northern district of california and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Happieshop4u will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
The above information should be sent to Happieshop4u 's Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: firstname.lastname@example.org (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Happieshop4u has no control over such sites and resources and Happieshop4u is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Happieshop4u shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Happieshop4u is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold Happieshop4u and its affiliates and their officers, employees, directors and agents (collectively, "Indemnities") harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnity from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such indemnity. If you are a INDIAN resident, you waive Section 124 of the Indian Contract Act'1872, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Which defines- Contract of Indemnity as a contract by which one party guarantees to save the other person from loss caused to him by the action of the guarantor himself, or by the action of any other person.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HAPPIESHOP4U EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HAPPIESHOP4U MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law happieshop4u will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. Happieshop4u has endeavored to ensure that all the information on the website is correct, but happieshop4u neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Happieshop4u shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, happieshop4u shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond happieshop4u's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Happieshop4u is not responsible for any typographical error leading to an invalid coupon. Happieshop4u accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
In the event You have purchased / downloaded the Website from any online application stores, whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as "Store Providers"), and there occurs any failure of the Website and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of Happieshop4u and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the Website's non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the Website / Happieshop4u.
These Terms constitute the entire agreement between you and Happieshop4u and govern your use of the Service, superseding any prior agreements between you and Happieshop4u with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. If you reside in the INDIA, these Terms of Service shall be governed by the laws of the State of Maharashtra without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, as a INDIAN resident, you and Happieshop4u agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within India, Maharashtra. The failure of Happieshop4u to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year (unless applicable law provides for a longer period) after such claim or cause of action arose or be forever barred. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and Happieshop4u will have no liability or responsibility with respect thereto. Happieshop4u reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
You agree that Happieshop4u, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if Happieshop4u believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Happieshop4u may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Happieshop4u may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Happieshop4u shall not be liable to you or any third-party for any termination of your access to the Service.
The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
Eligibility to Use
Happieshop4u reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
You shall not have more than one active Account (defined hereunder) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another person.
When You use the Website or send emails or other data, information or communication to Happieshop4u, You agree and understand that You are communicating with Happieshop4u through electronic records and You consent to receive communications via electronic records from Happieshop4u periodically and as and when required. Happieshop4u will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,
Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. Happieshop4u shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Happieshop4u is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Happieshop4u may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Happieshop4u for the feedback under any circumstances.
To clarify, Happieshop4u may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Happieshop4u shall not be obliged to do so. Further, in the event that Happieshop4u makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Happieshop4u, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.
Questions? Concerns? Suggestions?
Please contact us to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
Email us at: email@example.com