terms of use

the small print...
nothing to scary here.

please carefully read the following 'terms of use' prior to using the happy lab pty ltd web site. by accessing this site, you agree to comply with the terms of use stipulated herein. these terms of use may be updated, or amended, from time to time by happy lab pty ltd ("happy lab") at our discretion. your continued use of the site after any updates or changes shall be considered acceptance of such updates or changes. happy lab may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features, products or services, of the site, at any time and without notice. you should check the date of the terms of use (which appear at the end of the terms of use) and review any changes since the last time you check out this term of use. if at any time you do not agree to these terms of use, please do not use this site. prices and quantity limits
we reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. we reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to wholesalers. in the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged.

if your credit card has already been charged for the purchase and your order is canceled, we will immediately notify you by means of email or phone, and we will refund you the monies paid (if entire order is cancelled) of portion thereof (if only partial order can be fulfilled) paid using the original payment method received.
content copyright
all content included in the site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of happy lab. the compilation (meaning the collection, arrangement and assembly) of all content on the site is the exclusive property of happy lab. permission is granted to electronically copy and print hard copy portions of the site for the sole purpose of placing an order on the site or using the site as a shopping resource. any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the site is expressly prohibited.
trademarks
all trademarks, logos, service marks and trade names appearing on this site are proprietary to happy lab or other respective owners that have granted the site the right and license to use such intellectual property.
no commercial use
this site is for your personal non-commercial use only. you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content and services contained within this site. you may not use this site to further any commercial and advertising purpose.
registration, accounts and passwords
if you register and create an account on the site you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose, and (ii) all activities that occur under such password or account identifiers.

you agree to notify happy lab of: (i) any loss of your password or other account identifiers and (ii) any unauthorised use of your password or other account identifiers. happy lab shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the terms of use.
product information
most products displayed on the site are available in happy lab full-price retail stores. in some cases, products displayed for sale on the site may not be available in stores. the prices displayed on the site are quoted in australian dollars inclusive of gst. the particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colours of products offered on the site.
orders
all orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

we offer products for sales that are in stock and available for dispatch from our distribution centre. in the event where stock is not available for dispatch, we will notify you within 48 hours either by telephone or email from the time order is placed within this site. you can then choose to cancel the order or wait for the next available shipment to arrive. should you choose to cancel the order, we will refund the monies paid in the original payment method was received. in the event where you have chosen to wait for the next shipment, your purchase will be classified as priority purchase and advance payment, you will enjoy the rights to receive your purchases as soon as the goods is available at the distribution centre.
acceptance of your orders
upon order placement by you at the site, you will receive an email acknowledging the details of your order. this email is not an acceptance of your order, just a confirmation of what we have received.

unless you cancel your order by means of telephone or email within 48 hours from time of order placement, completion of the contract between you and happy lab will be completed when we email you to confirm the goods have been dispatched.

we reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item order is out of stock or does not meet our quality standards and is withdrawn due or that you may not meet the eligibility criteria set out within this terms of use.
insurance and delivery
happy lab insures each purchases during the time it is in transit until it is delivered to your specified delivery address. we require a signature for any goods delivered, at which point is your responsibility for purchased goods passes to you. in the case where the recipient who is not you for delivery purposes (such as gift) then you accept that the evidence of signature by them (or at the delivery address) is evidence of delivery and fulfilment by happy lab, and transfer the responsibility the same way.

we endeavour to dispatch all orders within 48 hours from order placement unless otherwise the order is specified as "emergency shipping" which will be delivered according to the specified instruction and service you have chosen. estimated delivery times are to be used as a guide only and commence from the date of dispatch. happy lab is not responsible for any delays caused by force majeure.
returns, exchanges and refund
our policy does not permit us to allow return of purchased goods for exchange or refund purpose. we will at all time, ensure the quality standard of the purchased goods meet our quality control criteria before dispatch and goods are packaged to safeguard from any damage during the transit from our distribution centre to the specified delivery address. however, if purchased goods are damaged at point of receipt, we want you to advise us within 24 hours from time of receipt. we will replace the damaged goods upon receiving evidence of damaged by means of photograph of the package received.
disclaimer
the information, services, products offered for sale and materials contained in and/or advertised on the site, including, without limitation, text, graphics and links, are provided on an "as is" basis with no warranty. to the maximum extent permitted by law, happy lab disclaim all representations and warranties, express or implied, with respect to such information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. in addition, happy lab do not represent or warrant that the information accessible via the site is accurate, complete or current. we are not responsible for typographical errors. price and availability information is subject to change without notice.
limitation on liability
in no event shall happy lab or any of its affiliated entities be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, even if happy lab has been previously advised of the possibility of such damages, whether in an action, under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from the site. these limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy.
severability
if any provision of these terms of use is unenforceable, that provision shall be deemed severed from the terms of use and shall not affect the validity and enforceability of the remaining provisions.
choice of law; jurisdiction
the laws of the state of victoria, australia shall govern these terms of use without giving effect to any principles of conflicts of law. if any disputes arise between you and happy lab regarding the terms of use, the state courts of victoria shall have exclusive jurisdiction over all disputes.
dated: march 2012