Terms and Conditions of Service
NOTE TO USERS: By using this site, you are acknowledging that you have read these terms and conditions of service, YOU UNDERSTAND THESE TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY EACH AND EVERY ONE OF THEM. If you do not understand or agree to any of these terms and conditions, you should not use this site. You further acknowledge that you ARE AT LEAST 18 YEARS OLD. If you are not at least 18 years old, you may not use this site.
Access. You are permitted access to this site for personal use only. You may copy portions or images from this site only for your own personal use. You must not use the images, notices or other content from this site for any purpose other than your own personal use; and you agree not alter or amend any copied or downloaded material from this site. You may not re-publish material from this site in any manner, including on social media.
Change of terms. We have the right to change the terms and conditions of service from time to time. You acknowledge that you will periodically review these terms and conditions and will abide by them and be bound by conditions in force at the time of your order(s).
Ownership of content: Happy Crates, LLC and/or our vendors and suppliers own and reserve all of the rights, title and interest in and to this site and its products, intellectual property, technology and services. You may not copy, distribute, use or publish anything from this site without prior written permission.
Products: SAFETY WARNING: Some of our products are intended for older children and may pose a choking hazard to babies and small children. The products may have small parts. You understand the importance of selecting age-appropriate products and supervising the children using our products. Our products are meant to be handled and used by children in the age ranges shown on the packaging and site descriptions. You agree that Happy Crates, LLC and/or our vendors and suppliers will not be held liable for injuries, claims or damages arising out of improper use, improper supervision or use by children too young or unable to safely handle our products.
Our products and their descriptions, as well as their prices, are subject to change from time to time. Happy Crates, LLC has the right to change its product list, prices or descriptions at any time for any reason, without prior notice. You acknowledge that Happy Crates, LLC will not be liable to you or any third parties for such changes. If a product on this site has been listed with an incorrect price or description, Happy Crates, LLC has the right to cancel your order before it is accepted. If we cancel your order after your credit card has been charged, we will issue a credit to your credit card account in the amount of the charge.
Order acceptance. We have the right to accept your order or decline the order in whole or in part.; we may verify information submitted by you and may require additional information from you. Your order is not accepted until we send you the shipping information. You acknowledge that if all or part of your order is cancelled, your only remedy is a credit for the order or portion cancelled after your card was charged.
Payment: You agree to pay the price of each product you order from this site as it is listed on the date of your order. You also agree to pay applicable sales tax on each purchase. If you order a subscription which includes multiple monthly shipments, you agree that for orders which automatically renew, your credit card account will be charged the current price in effect at the date of automatic renewal unless or until you terminate the order. Cancellation must be made according to the directions on this site. If your original subscription contains a discounted price or promotional offer, once the promotional period has expired, your subscription will renew at the product price in effect at the time of renewal.
If you order a subscription product, you authorize Happy Crates, LLC to bill your credit card at the time of each shipment in the subscription, unless or until you cancel the subscription according to the instructions on this site.
If your credit card company rejects our billing, you agree that you are solely responsible for payment for our products and the taxes due thereon, and any other fee or penalty imposed by us or a governmental agency. You will be charged interest at the rate of 1.5 percent (1.5%) per month on overdue accounts, and you will be responsible for payment of reasonable attorney’s fees, court costs and other costs of collection of a past due account
Happy Crates, LLC, has the option to change the timing of billing, particularly if your credit card information is inaccurate or you change credit cards, or we are unable to ship our products for unforeseen reasons.
Credit Card information: You agree to provide us with accurate information which we can effectively use to process your order. You agree to keep your credit card information current and to promptly advise Happy Crates, LLC of any change in credit card or account numbers and relevant information.
Shipment: Happy Crates, LLC currently ships only to addresses within the United States. We will ship your products according to choices in your order. Any delivery dates contained in our confirmation are estimates. We will confirm your order by e-mail when it ships so that you can review the order and shipping information.
Returns: Store credit is available for items returned in accordance with our return procedures, unless specifically stated on the product listing. Store credits must be used for future purchases at this site and are not transferable.
All or part of your shipment arrives in a damaged condition or is not substantially as described on our website, it can be returned for a refund, if you apply for the refund on our website as directed, and we confirm the damage or inaccurate description.
Promotions: Special offers, coupons, discounts and other promotions have their own rules and regulations. Please refer to those rules. Only one promotion is permitted per order, and no combination of offers, or discounts is permitted.
Cancellation: To cancel a monthly or trial subscription, please use our website and enter the cancellation at least 24 hours before your scheduled billing date. Gift subscriptions are not subject to cancellation, they will end with the final shipment.
Warranties and Disclaimers: We do not warrant the complete accuracy or comprehensiveness of information on products and services seen at this site. We reserve the right to change or remove content from this site at any time.
Happy Crates, LLC, its suppliers and vendors are not liable for consequential or indirect or incidental damages which may arise from the use of products seen on this site, whether those injuries or damages were foreseeable or not. The products seen on this site are expected to be used with parental supervision and sound judgment exercised by parents and caregivers. You acknowledge that any damages are limited to actual costs paid by you to our company for a period of six months prior to injury or loss. As noted above, you acknowledge by using this site that you have read and understood this provision and are bound by this provision.
Consumer claims provided by statute are not compromised by this section, so long as the goods or services were acquired for consumer and not commercial use. Any provision herein may be prohibited or limited by State or Federal law, depending on the jurisdiction in which you live.
In the event that you violate our terms and conditions or act unlawfully, you agree to indemnify us and hold us (including officers, directors, employees, volunteers and agents) harmless from and against all claims, damages, liability, costs and expenses, including reasonable attorneys’ fees.
Copyright: Our company honors the importance of copyrights and intellectual property. If you believe that your rights have been infringed, you may apply to us for removal of improper materials or users. To make such application, please provide us with your name, address, telephone, e-mail address and signature, identification of the copyrighted material that you believe has been infringed, identification of our material or users that you claim are infringing - in sufficient detail that we can make a reasonable assessment; along with a certification by you of why you are making the claim and why you believe the use is not an authorized use and that your statements are correct and made in good faith. [See 17 USC§512(f) imposing liability for damages on persons misrepresenting facts in a copyright infringement notice which results in damages, costs and attorneys’ fees. ]
Copyright agent for Happy Crates, LLC:
Dispute resolution: In the event of a dispute between you and Happy Crates, LLC, which does not have a resolution process mentioned above, all disputes will be resolved under Maryland law and in a Maryland forum. You agree to first submit the matter to mediation and, if necessary, to the jurisdiction of the Maryland courts, and you waive any right to trial by a jury. You waive any right to class action litigation. Any trials will be conducted by a judge. Residents of California and other states which preclude advance waiver of unknown rights, by using this site, agree to waive such protection and by using the site waive the right to jury, class action, as well as consequential damages, incidental damages and claims for personal injuries as described in preceding sections.
You agree to use this site and its products in a lawful manner, not to use content or products from this site in such a way as to infringe on intellectual property rights or participate in internet fraud, spam, harassment, threats, sexual exploitation defamation or other unlawful conduct.