Terms of service
Last updated: April 24th, 2020
Please read these terms and conditions carefully before using Our Service.
From time to time, we may amend these terms. Please read the this chapter and review it often. You will find it on our Site on the menu item “Terms and conditions”. If you do not agree to any change to the Terms and Conditions, you must stop using the website immediately. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
SECTION 1 - Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Blue Hat Web Solutions LLC, M06 Yousuf Al Bakar Building, Naif, Deira, Dubai.
- Country refers to: United State and North America
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Itshappiness, accessible from https://www.itshappiness.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
SECTION2 - Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
SECTION 3- Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
- Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Before clicking on the pay button, you can view and change the products in your shopping cart and the data you have entered. To do this, simply click on the shopping cart icon in the menu bar and return to the appropriate page.
By clicking pay, you submit a binding offer to purchase the goods in your shopping cart.
- Acceptance of Order
When you have selected your product and your order has been processed, we will send you an email with the details of your order. Please note this email is NOT an acceptance of your order, just a confirmation that the order has been received. Zidzkey is entitled to accept your order within five days after receipt.
Acceptance of your order will be completed, when you receive an email confirming the goods have been dispatched. The contract is exclusively governed by the law of the United State. This law shall apply only to the extent that the protection afforded is not cancelled by any mandatory regulation of the law of the state in which the consumer habitually resides.
- Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability, The item ordered is out of stock or does not pass our quality control inspection.
- Errors in the description or prices for Goods
- Errors in Your Order
- Error in obtaining authorization for payment,
- if a particular item has shipping restrictions,
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
- Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive Your order cancellation notice. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
- Returns Policy
You have the right to return your goods within 14 days without stating a reason. The returns period commences on the day on which you (or any third party named by you who is not the forwarder) have received the goods.
To exercise your right, you must notify us “firstname.lastname@example.org” by email of your decision to return your purchase. To do this, we recommend you use the sample Returns Form below, but you are under no obligation to do so.
If you return goods, we will refund all payments we have received from you, excluding delivery costs any additional costs resulting from any other type of delivery other than the most inexpensive standard option quoted on our Site, without delay within fourteen days after the day we received the returned merchandise. Kidzkey will reissue payments on the same payment card used for the original transaction, unless expressly agreed. We may refuse repayment until we have received the returned goods or until you have proven that you have returned the goods, whichever occurs first.
Please note that if you return goods to us, you will be responsible for paying all costs incurred for the return.
Items must be in brand new condition and show no signs of wear with all original packaging, garment tags and labels still attached. Original boxes and other containers that products are sold in are considered part of the product and must also be returned in undamaged and unused condition. Items returned without their branded packaging will not be accepted.
We do not accept items that have been damaged by wear and tear, altered or washed incorrectly (please check washing instructions on all garments before handling). When trying items on, please be sure they do not come in contact with perfumes, sprays, creams or other chemicals, and be sure to try shoes on a soft clean surface.
Delivery methods are available for you to select before you complete the transaction and pay for all goods and services. All delivery costs displayed include the cost of packaging and handling.
Please note delivery times will only be extended in the case of unforeseeable circumstances that prevent delivery for example: lock-out, intervention by authorities, energy or raw resources shortages, transport and operation disruptions, which occur through no fault of ours (fire, water or mechanical breakdown) and any other circumstance, which could not have been objectively caused through any fault of Bambini Fashion.
We will do our utmost to keep customers notified of any shipping odelays. If any of the unforeseeable events mentioned above occur for more than four weeks after the original delivery times, you will be entitled to cancel the order.
- Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Promotion Codes
Promotion codes and vouchers cannot be transferred and cannot be redeemed for cash. Furthermore, they must not be used in conjunction with any other codes or offers.
Please note that individual brands may be excluded from select campaigns and vouchers. All codes and offers must be redeemed before the day of expiration, in case no date was specified the promotion code is limited to 12 months since the day of issuing.
- Gift Vouchers
Gift vouchers can only be redeemed before the payment is processed. They cannot be credited after the order has been received.
Gift vouchers can not be combined with any promotion voucher or code per order, or discount. Where the credit amount of a gift voucher is not sufficient to pay for an order, the difference may be paid using the payment methods available. The credit amount of a gift voucher cannot be paid out in cash and bears no interest.
In the event of cancellation or return of goods, we reserve the right to credit your account with the amount you have paid using the gift voucher.
- Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
SECTION 4 - Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
SECTION 5 - Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
SECTION 6 - Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
It is important to note that the exclusions and limitations outlined in this Terms and Condition will not apply in the event of death and personal injury arising from our negligence or our legal representatives or agents of Kidzkey. The exclusions and limitations of liability in this Terms and Conditions will also not apply to any other damage resulting from a wilful or grossly negligent breach of our obligation by us or our legal representatives and agents. For example, this might include damage caused by the lack of a warranted condition or due to fraudulent concealment of a defect.
Kidzkey is not responsible for losses not caused by our breach of negligence. This includes indirect losses, which are a consequence of the main loss or damage and are not foreseeable by you and us, such as loss of profits or ‘loss of opportunity’.
Furthermore, we are not responsible for any failure to meet any of our responsibilities outlined in the Terms and Conditions in relation to events beyond our reasonable control.
SECTION 7 - "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
SECTION 8 - Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
- Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
- For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
- United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
SECTION 9 - Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
- Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
SECTION 10 - Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: email@example.com
- By visiting this page on our website: https://kidzkey.com/pages/contact