TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES

This lengthy and somewhat dry document contains important information about your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Our very nice lawyers would love you to read it carefully. We promise it will be quick!

These terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system. 

By placing an order for products or services from this website (thank you!), you affirm that you're of legal age to enter into this agreement and as a result bound by the terms and conditions. If you place an order on behalf of an organization or company, you affirm that you've got the legal authority to bind your org to these terms and conditions, too. 

Please do not order from this website if you: (i) do not agree to these terms and conditions; (ii) are not the age of majority in your province or territory of residence; or (iii) are prohibited from accessing or using this website or any of this website's contents, products or services by applicable law. Sound good? 

These terms and conditions (we'll be calling these "Terms" in this document) apply to the purchase and sale of products and services through www.littlehappy.ca (in this doc, we'll call this the "Site"). These Terms are subject to change by Little Happy Meaningful Gifting (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Changes to these terms will be in effect as of the "Last Updated Date" referenced on this Site. To be safe, review these terms prior to any purchase. Your continued use of this Site after the "Last Updated Date" (we love seein' ya!) will constitute your acceptance of and agreement to such changes. 

These Terms are an important part of the Website Terms of Service. For further recommended reading, we suggest peeking at our Website Privacy Policy before placing an order for products or services through this Site (see Privacy paragraph below).

Order Acceptance and Cancellation. You agree that placing an order is an offer to buy, under these Terms, all products and services listed in your order. Your orders must be accepted by us, or we are not obligated to sell the products or services to you. We may choose to not accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We'll do our best, though!

PRICES & PAYMENT TERMS

Our prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be what is shown on the Site at the time the order is placed, subject to the terms of any promotions or discounts that may be in use. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All these fun taxes and charges will be added to the total price, itemized neatly in your shopping cart and shown clearly in your order confirmation email. We do our absolute best to ensure the prices displayed are accurate, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We are human, after all. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, PayPal, Apple Pay, Shop Pay and Google Pay for all purchases. You represent and warrant that: (i) the credit card information supplied 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 honoured 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; DELIVERY; TITLE & RISK OF LOSS

We will arrange to ship all your products (with love and care, of course). Please refer to the individual product page for specific delivery options. You are responsible for shipping and handling charges, unless otherwise specified in the order confirmation or by promotion.

Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates and cannot be guaranteed. As much as we wish we could control delivery times, we are, alas, not liable for any delays in shipments.

RETURN POLICY

Thank you for shopping with us at Little Happy! We want to make sure you are fully satisfied with your purchase and our service. Please read our return policy below for more information.

We take great pride and care in crafting and assembling each gift box with attention to detail. Therefore, all sales are final. However, we understand that damages can occur during transit. If you receive a damaged item(s), please contact us immediately and we will work with you to make it right.

CANCELLATION POLICY

If you need to cancel your order, please contact us by email within 24 hours of placing it. We can only cancel orders that have not been shipped yet. If your order has already been shipped, unfortunately, we cannot cancel it, and no refund will be issued.

DAMAGES AND ISSUES

In the rare case that an item in your gift box is defective, damaged, or the wrong item has been sent, please contact us immediately. We will send a replacement or provide a suitable substitute.

We value your business and appreciate your support. Please don't hesitate to reach out to us with any questions or concerns you may have. Thank you for choosing us for your meaningful gifting needs!

MANUFACTURER'S WARRANTY & DISCALIMERS

As we curate our products from external vendors, we do not manufacture or control any of the products or services offered on our Site. The availability of these products and services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) 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 CONDITIONS AND 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 OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED 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.

The limitation of liability set forth in Section 7(b) shall not apply to (i) liability resulting from our gross negligence or wilful misconduct, and (ii) death or bodily injury resulting from our acts or omissions.

Goods Not for Resale or Export. By placing an order, you warrant that you are buying products for your own use and not for resale or export. You represent that all purchases are intended for final delivery to locations within Canada.

Privacy. We (of course!) respect your privacy and are committed to protecting it. Our Website Privacy Policy, https://www.littlehappy.ca/pages/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of the obligations set out in these Terms (except for any of your obligations to make payments to us hereunder), when and to the extent such party's (the "Impacted Party") failure or delay is caused by or results from acts beyond the Impacted Party's reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, such as the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 14 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of sixty (60) days following written notice given by it under this Section 10, the other party may thereafter terminate the purchase or sale made in accordance with these Terms upon fourteen (14) days' written notice.

Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. 

WAIVER & RECOURSE TO THE COURTS AND BINDING ARBITRATION

YOU AND LITTLE HAPPY MEANINGFUL GIFTING ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. 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 THIS SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration shall be determined pursuant to the Arbitration Act (Ontario). 

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 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. 

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

Assignment. 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 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers. The failure or delay by us to exercise or 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 Little Happy Meaningful Gifting. 

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

NOTICES

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address provided to us; or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep us apprised of your current email address.

To Us. To give us notice under these Terms, you must contact us by electronic mail (i.e. e-mail) at the following address: hello@littlehappy.ca. We may update the e-mail address for providing notices to us by posting a notice on this Site. Notices provided by e-mail will be effective on the business day they are sent if sent before 5:00 PM EST; if sent on a day that is not a business day, they will be effective on the next following business day.

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.

Entire Agreement. These Terms, our Website Terms and Conditions of Use, and our Website Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Ok that was a mouthful, thanks for sticking through it to the end. Let's get to creating beautiful little happy memories for you and all yours. 

Love, 

Little Happy Meaningful Gifting
You can reach us at hello@littlehappy.ca.