Terms of Service
Welcome to the webpage of Element Happy (“Element Happy”). Please review this agreement (the “Agreement”), which shall apply to the use of this webpage, as well as to the purchase of all products sold to you through this webpage. By using this webpage you represent that you have reviewed and understand the terms and conditions set out therein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement.
As the terms of this Agreement may be modified at Element Happy’s sole discretion, without any obligation to notify you, we advise that from time to time you check this webpage to review the changes. Your continued use of this webpage shall constitute your consent to any changes.
- Use of this Webpage: You acknowledge and warrant that any information you may post, transmit or submit to this webpage does not: (i) infringe on your rights; (ii) infringe on a third party’s rights, specifically but not limited to any intellectual property rights, or any other confidential or proprietary right; and (iii) constitute a criminal offence or give rise to civil liability. Additionally, you acknowledge and warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the webpage or to any other user.
Your rights with regard to accessing this webpage may be terminated or restricted at any time at the sole discretion of Element Happy. Element Happy is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that Element Happy may choose to enforce.
- Customer Account: You are responsible for maintaining the security of your customer account on this webpage. Should any charges or damages occur due to your not taking reasonable care of your customer account or password, you agree that you will be held solely responsible.
- Copyrights and Trademarks: All materials displayed or otherwise accessible through this website are owned by Element Happy and third party content suppliers, and are protected under the applicable copyright and trademark laws of Canada and elsewhere. You hereby agree not to print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this website, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the above, you may access this website and make a single copy of the material for your personal, non-commercial use. Nothing in this Agreement shall be construed as granting you a license for anything other than your personal use.
- Links: This webpage may contain links to other webpages that are operated by third parties, and are not under the control of Element Happy. Element Happy is not responsible for, and expressly excludes all liability with relation to these linked webpages which you access at your own risk, and Element Happy makes no representations, warranties or conditions concerning the linked webpages or their contents.
- Orders and Payment: When you submit an order on this webpage, your order shall be considered as an offer to Element Happy. Element Happy reserves the right to refuse your order at any time and for any reason, including but not limited to: (i) the availability of the products in your area (Element Happy specifically reserves the right to revise or cease to make available any of its products at any time); and (ii) if the products are incorrectly described or priced on the webpage. In the event that your order is cancelled or refused, you shall receive an email confirmation stating same. Additionally, if your order is refused or cancelled following payment, Element Happy will reimburse you for the full amount paid. Please note that all discounted items are final sale.
The third party credit card service provider must approve all purchases made through the use of a credit card.
You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of Element Happy.
- Shipping: Element Happy will ship based on the method you select from the available options. The estimated time of the arrival of your product should be considered as an estimate only, and Element Happy will not be responsible for any damages due to delays in shipping.
Charges for shipping will be listed when you purchase the product from this webpage. You are responsible for all federal and provincial shipping related taxes, and you agree to comply will all export laws of Canada that apply to the products purchased or received under this Agreement.
Element Happy uses a third party shipping service provider to ship its products. As such, Element Happy will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title and risk of loss shall pass to you at the moment the product that you have purchased is transferred to the third party shipping service provider.
- Return Policy: If any of our products do not meet your expectations, we want to know. As such, please email email@example.com, and please include your order number and a description of the reason for the return. We will gladly exchange or refund your purchase within thirty (30) days of receipt of the returned merchandise. Please note that refunds will only be issued to the same credit card that was used for the original purchase.
- Disclaimer: To the fullest extent possible under the law, use of this webpage is at your own risk, and Element Happy hereby expressly disclaims any representations or warranties (express, implied or statutory) with regards to the webpage and your purchase of any products hereunder. This webpage is provided “as is”, and may contain errors, inaccuracies, viruses or bugs, and this webpage may not be up to date, and therefore is not to be relied upon. Specifically, Element Happy does not warrant that the product description or pricing is accurate. This exclusion applies to, but is not limited to, warranties of merchantibility, quality and fitness for a particular purpose. Should you choose to download any content from this webpage, you do so at your own risk.
- Limitation of Liability: You hereby waive all remedies, warranties, guarantees or liabilites, arising from law or otherwise. In no event shall Element Happy, its officers, representatives or employees be liable to you for any damages, however caused, including but not limited to direct, indirect, special, consequential, incidental, punitive or otherwise. Element Happy, its officers, representatives and employees shall not be liable for lost profits, business interuption, any computer related damage or loss of data. Element Happy hereby excludes all liability with respect to the transmission of viruses or bugs. This Entire limitation shall apply even if Element Happy, its officers, representatives or employees were informed of the possible occurrence of the abovementioned damages. Element Happy’s maximum liability shall in no event exceed the amount paid by the purchaser for the product. This limitation is an essential element of the agreement between Element Happy and you.
- Indemnification: You agree to indemnify, defend and hold harmless (including reasonable legal fees) Element Happy, its officers, directors, employees or agents from any action arising from your misuse of this website or the breach of any of the provisions of this Agreement.
- Miscellaneous: This webpage, any use of this webpage and any dispute relating thereto to or to the products purchased therein shall be governed and construed by the laws applicable to the Province of Ontario, without regard to conflict of law rules. Both Element Happy and you agree to the exclusive jurisdiction of the Province of Ontario.