Thank you for visiting www.thehappyboxproject.com (the “Website”). This Website is operated by HBP 3903 S. Congress Ave, Ste 40565, Austin, Texas 78704-0010. Your access to and use of this Website is subject to the following terms of use (“Terms of Use”) and all applicable laws.
Access to and use of this Website and its Content are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, and shopping at this Website, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Website.
These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by email upon request. Please email us at the email address listed at the end of these Terms of Use.
ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
This Website is a business and commercial site. As such, it is not intended for children or minors under the age of 18 years without the permission of a parent or guardian.
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this Website please read it carefully. All Personally Identifiable Information provided to us as a result of your use of this Website will be handled in accordance with our Privacy Policy.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country, and jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. The limitations and exclusions set out in these Terms of Use are inapplicable within the State of New Jersey to the extent they disclaim liability for our own negligent, willful, or intentional conduct, or violation of any clearly established duty owed by OtterBox to exercise reasonable care in preventing the unlawful acts of others.
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Website.
In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password and contact HBP at (hello@thehappyboxproject.com) and until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use the Website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. HBP reserves all rights and remedies available to it.
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website (including any information, materials, products or services available through this Website).
Your indemnification obligation does not apply in the State of New Jersey for any claim, liability, loss, expense or demand, including legal fees, arising out of our own negligence.
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
These Terms of Use (together with our Privacy Policy, which is expressly incorporated herein) contain the entire understanding between you and us with respect to use of this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.
Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
These Terms of Use shall be subject to, governed by and construed under the laws of the State of Texas in the United States of America, without regard to conflict of law principles. This Website is operated from the State of Colorado and is intended to be accessed only by persons in the United States. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website.
We and you agree that any dispute or claim relating to any OtterBox product or any controversy or claim of whatever nature arising out of or relating to use of this Website will be resolved by binding arbitration, rather than in court, with some limited exceptions listed below.
Governing Law: The resolution of any disputes shall be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of Colorado without regard to its conflict of laws principles.
Informal Dispute Resolution: Before filing a claim against OtterBox, you agree to try to resolve the dispute informally. In the event of a dispute, you must notify OtterBox by sending a written statement that sets forth (i) your name, address, and contact information, (ii) the facts giving rise to the dispute, and (iii) the relief requested. You must notify OtterBox of a dispute by sending this information to hello@thehappyboxproject.com ATTN: Notice of Dispute. If a dispute is not resolved within thirty (30) days after submission, you may commence arbitration.
Binding Arbitration: If you and HBP do not resolve any dispute by informal dispute resolution, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate all disputes in court before a judge or jury. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court.
Class Action Waiver: Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under these Terms of Use. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Severability: If the class action waiver in these Terms of Use is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of these Terms of Use is found to be illegal or unenforceable, that provision will be severed with the remainder of these Terms remaining in full force and effect.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and HBP agree that any judicial proceeding (other than small claims actions) will be brought in state court in Travis County, Texas. Both you and HBP consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
If you have any questions regarding these Terms of Use or any other matter, you may contact one of our friendly Customer Service Specialists at (hello@thehappyboxproject.com).
Our Return & Refund Policy is effective for 30 days your product is delivered to you. To be eligible for a return, your item must be unused, in the same condition that you received it, and it must also be in the original packaging.
Our Responsibility (This Policy Covers):
Faulty Product: If the product has a manufacturing defect. Wrong Item Sent: If we send you the wrong product, color, or size.
Your Responsibility (This Policy Does Not Covers): Ordered Wrong Product: This includes ordered the wrong colors or contents. Incorrect Shipping Address: If you made an error in the address. We are not responsible for orders not received due to incorrect shipping addresses entered by the customer at the time of purchase. Total Order Value Less Than $20 will not be covered in this policy. Misuse Of The Product: Accidental Damage, Water Damage, or any sort of abuse to the purchased product. Buyer No Longer Wants The Item: The buyer should make sure he or she wants to buy the items before submitting an order, not after. After an order is submitted, the buyer enters into a legally binding contract with the seller to purchase all items in that order. Buyer Found The Item Cheaper Elsewhere: Buyer should be confident that he or she is ready to pay the asking prices before submitting an order. After an order is submitted, the buyer enters into a legally binding contract with the seller to purchase all items in that order. Shipping Costs Are Non-Refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. * Delay In Delivery Due To Natural Calamity / Disaster & Government Policy. This delays are not under our control but we will extend your Buyer Protection till your order is delivered.
How can I lodge for return/refund? Here are 2 ways your can lodge for return/refund: The easiest way is to lodge your application via dedicated email us at hello@thehappyboxproject.com with your full name, order number, item description, and the reason for your return. Please include the following: Photo(s) of the product. A specific description of the issue. The Order Number - If there are multiple products in an order, identifying the product with the issue.
Return / Refund Process 1. Once we receive all the necessary details mentioned above we will notify you of the approval or rejection of your return/refund via email. 2. Upon approval, you will receive the address of the closest warehouse where you can mail the product that you would like to return. (Please use trackable mail service, we will not be responsible for lost or missing packages. You will be responsible for paying for your own shipping costs for returning your item.) 3. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. 4. If you are approved, your refund will be processed right away and a credit will automatically be applied to your credit card (or original method of payment) within a few days- depending on your bank. 5. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Can I request an Order Cancelation or Change in the order? We accept 1 hours* notice to cancel an order or update any changes such as quantity, color, size, or shipping address information. Send us an email via hello@thehappyboxproject.com or just reply to your order confirmation email that we had sent you as soon as possible. Please note that any request received after 1 hours* period will no longer be accepted because we process orders immediately. Changes to orders cannot be made once processed. We will still do our best to get a hold or cancel your order after 1 hours* period but no guarantee. If we were able to do so you will be charged a 20% cancellation fee on account of the cost we incur for the item already being in production.
Shipping & Handling Charges Not Refundable Refunds do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping and handling charges are not refundable. Any amounts refunded will not include the cost of shipping. For certain sale items shipping charges for all returns must be prepaid and insured by you. You are responsible for any loss or damage to hardware during shipment. We do not guarantee that we will receive your returned item.
Exchanges (If Applicable) We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at hello@thehappyboxproject.com