Terms of Use

This website is operated by Happygum GmbH. Throughout the site, the terms “we”, “us” and “our” refer to Happygum GmbH. Happygum GmbH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.



SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.



SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.



SECTION 5 - PRODUCTS OR SERVICES(if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. .


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.



SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.



SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.



SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.



SECTION 11 - ERRORS, INACCURACIES AND OMISSIONSO
ccasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.



SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.



SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall Happygum GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.



SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless  Happygum and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.



SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.



SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).



SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.



SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Austria.



SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

This site is administered by Happygum GmbH. Happygum GmbH is referred to as "we," "us," and "our" throughout the site. You, the user, are offered access to this website, including all information, tools, and services available from this site, subject to your acceptance of all terms, conditions, policies, and notices contained here.

You engage in our "Service" by visiting our site or purchasing something from us, and you agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including such additional terms and conditions and policies linked herein and/or available via hyperlink. These Terms of Service apply to all site users, including, but not limited to, browsers, suppliers, customers, merchants, and/or content creators.

Before accessing or using our website, please read these Terms of Service thoroughly. By accessing or using any portion of this website, you accept these terms of service. If you do not agree to this agreement's terms and conditions in its entirety, you are not permitted to use the website or use any services. If these Terms of Service represent an offer, acceptance is explicitly limited to these terms.

Any additional tools or features introduced to the current shop are likewise subject to the Terms of Service. This page contains the most recent version of the Terms of Service at all times. We retain the right to modify or replace any portion of these Terms of Service by publishing updates and/or modifications on our website. You are responsible for frequently checking this page for updates. Your continued use or access of the website after the publication of such modifications implies acceptance of those modifications.

Our e-commerce platform is Woocommerce. They provide the e-commerce platform that enables us to sell you our products and services online.

You affirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your approval to enable any of your minor dependents to use this site.

You may not use our goods for any unlawful or unauthorized purpose, nor may you break any local laws while using the Service (including but not limited to copyright laws).

You are not permitted to send any worms, viruses, or other disruptive programs.

Any violation of these Terms will result in the immediate termination of your Services.

We have the right to deny service to anybody at any time for any reason.

You acknowledge that your content (except credit card information) may be transported unencrypted and entail (a) transmissions across multiple networks and (b) conformance and adaptation to the technological constraints of connecting networks or devices. Credit card information is constantly sent over networks using encryption. You undertake not to replicate, duplicate, copy, sell, resell or exploit any component of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is given, unless we provide you prior written consent. The use of headers in this agreement is for convenience only and will not limit or otherwise affect these Terms.

We are not responsible for any inaccuracies, omissions, or out-of-date content on this website. This website contains general information and should not be relied upon or used as the only basis for making choices without accessing primary, more accurate, more complete, or more current sources of information. You use the content on this website at your own risk. This website might contain historical information. Historical material is inherently out-of-date and is supplied solely for your reference. We retain the right to edit the information on this website at any time, but we are under no obligation to do so. You acknowledge that it is your obligation to monitor modifications to our website.

Our product prices are subject to change without prior notice.

We retain the right to alter or discontinue the Service (or any portion or content thereof) at any time and without prior notice.

For any modification, price change, suspension, or discontinuance of the Service, we shall not be responsible to you or any other person.

(if applicable)
Certain items or services may be solely offered online via the website. These items or services may be available in limited numbers and may only be returned or exchanged in accordance with our Return Policy. We have made every attempt to portray the colors and pictures of our items that appear on the site as precisely as possible. We cannot guarantee that the colors seen on your computer monitor are correct. We retain the right, but are not bound, to restrict the sale of our products or Services to any individual, geographic location, or governing body. We may utilize this privilege on an individual basis. We have the right to place limits on the quantity of any items or services we provide. All product descriptions and prices are subject to change at any moment without notice, at our sole discretion. We have the right to withdraw any product without prior notice. Any offer on this website for a product or service is invalid where prohibited. We make no guarantee that the quality of any items, services, information, or other material purchased or accessed by you will match your expectations, nor that any faults in the Service will be fixed.

We have the right to decline any order that is placed with us. We reserve the right, in our sole discretion, to set purchase limits per person, per household, or per order. These limits may apply to orders that are placed by or under the same customer account, payment card, and/or billing and/or delivery address. We may attempt to notify you by contacting the e-mail and/or billing address/phone number supplied at the time the purchase was placed if there is a change to or cancellation of your transaction.

For any purchases made at our shop, you agree to provide current, complete, and accurate purchase and account information. You agree to maintain accurate account information, including your email address, credit card numbers and expiration dates, so that we can process your purchases and contact you as necessary.

Review our Returns Policy for further information.

You may have access to third-party tools over which we neither monitor nor have any influence nor control.

You understand and accept that we provide access to these tools "as is" and "as available" and without any warranties, representations, or terms of any kind, as well as without any endorsement. We shall have no liability originating from or pertaining to your use of third-party tools that are optional. You should check that you are aware with and agree to the third-party provider's terms and conditions before using any optional tools made available through the site (s). In the future, we may also provide new services and/or features via the website (including, the release of new tools and resources). Such additional features and/or services shall be subject to these Service Terms.




Certain information, goods, and services accessible via our Service may contain third-party contents.

There may be connections to unaffiliated third-party websites on this website. We are not responsible for inspecting or assessing the content or accuracy of any third-party materials or websites, nor do we warrant or assume any liability or responsibility for any third-party materials, products, or services. We are not accountable for any injury or losses resulting from the purchase or use of goods, services, resources, material, or any other transactions on third-party websites. Please research the rules and procedures of the third party and ensure you fully comprehend them before engaging in business with them. Complaints, claims, complaints, and inquiries about third-party goods must be made to the third-party.

If, at our request, you send certain specified submissions (such as contest entries), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not obligated to (1) protect the confidentiality of any comments, (2) pay remuneration for any comments, or (3) react to any comments. We reserve the right, but have no obligation, to monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or which violates the intellectual property rights of any party or these Terms of Service. You agree that your comments will not violate any third-party rights, such as copyright, trademark, privacy, personality, or any other personal or property rights. You further agree that your comments will not contain any libelous or otherwise illegal, abusive, or obscene content, nor will they contain any computer viruses or other malware that might in any way damage the functioning of the Service or any connected website. You are not permitted to use a fraudulent e-mail address, claim to be someone other than yourself, or otherwise mislead us or third parties about the origin of any remarks. You are completely responsible for the accuracy of any comments you post. We assume no liability and accept no responsibility for any remarks posted by you or any other party.

Our Privacy Statement governs your disclosure of personal information via the online store. To access our Privacy Statement.

Occasionally, there may be typographical mistakes, inaccuracies, or omissions that pertain to product descriptions, price, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right, without prior notice, to rectify any mistakes, inaccuracies or omissions in any portion of the Service or on any associated website, and to modify or update information or cancel orders if any information in the Service or on any related website is erroneous at any time (including after you have submitted your order). Unless required by law, we have no duty to update, modify, or clarify anything included in the Service or on any connected website, including, but not limited to, price information. No mentioned update or refresh date should be considered to suggest that all information in the Service or on any site associated with the Service has been amended or updated.

In addition to the other restrictions outlined in the Terms of Service, you are banned from using the website or its content in the following ways: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) in infringement or violation of our intellectual property rights or the intellectual property rights of others; or (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race If you violate any of the prohibited uses, we have the right to cancel your access to the Service and any connected websites.

Our service is not guaranteed, represented, or warranted to be uninterrupted, timely, secure, or error-free.

We make no guarantee that the results you acquire from using our service will be accurate or dependable.

You consent to our removal of the service for indeterminate periods of time or cancellation of the service at any time and without notice.

You clearly acknowledge that your use of the service, or inability to utilize it, is at your personal risk. The service and all products and services delivered to you through the service are provided "as is" and "as available" without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Happygum, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise. Because certain states or countries prohibit the exclusion or limitation of responsibility for consequential or incidental damages, our liability shall be limited to the fullest extent permissible by law in such states or jurisdictions.

You agree to indemnify, defend, and hold Happygum and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of the remaining provisions.

For all intents and purposes, the obligations and liabilities of the parties accrued prior to the termination date shall survive the termination of this agreement.

These Terms of Service are in force until either you or us terminate them. You can terminate these Terms of Service at any time by telling us that you no longer desire to use our Services, or if you stop using our site. If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service or if we suspect that you have failed to comply, we may immediately terminate this agreement without prior notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Our omission to assert or enforce any right or provision of these Terms of Service shall not be construed as a waiver of such rights or provisions.

These Terms of Service and any other policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether verbal or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be interpreted against the party who drafted them.

These Terms of Service and any further agreements whereby we provide you with Services shall be governed and interpreted in conformity with Austrian law.

This website provides access to the most recent version of the Terms of Service.

We retain the right, at our sole discretion, to revise, alter, or replace any portion of these Terms of Service by publishing updates and modifications on our website. It is your duty to frequently check our website for updates. Your continued use of or access to our website or the Service after the publication of any modifications to these Terms of Service represents acceptance of such modifications.

Questions concerning the Terms of Service should be directed to [email protected].

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].