CUSTOMER TERMS & CONDITIONS

These Customer Terms & Conditions and any other rules posted on the website located at the URL www.happyconsciousliving.com (the “Website”), including [“Terms of Use”] and [“Privacy Policy”], each of which is incorporated by reference herein (collectively with these Customer Terms & Conditions, the “Website Terms”), constitute an agreement between Happy Conscious Living, (“HCL”, “we”, “our”, “us”) and you, the customer, governing your registration for an account (an “Account”) and/or the purchase by you of any product offered for sale by HCL (each, a “Product”) on the Website.

WHEN YOU REGISTER FOR AN ACCOUNT OR PURCHASE A PRODUCT FROM THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE WEBSITE TERMS. IF YOU DO NOT AGREE TO THE WEBSITE TERMS OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE WEBSITE TERMS, YOU SHOULD STOP USING THE WEBSITE, TERMINATE YOUR ACCOUNT AND DISCONTINUE PURCHASING PRODUCTS FROM THE WEBSITE.

Your access to the Website, the use of your Account and the right to purchase Products from us is subject to your continued compliance with the Website Terms and all applicable laws. Your right to access the Website and purchase Products will terminate immediately, without any further action by HCL, if you breach the Website Terms.

We reserve the right to modify or update these Customer Terms & Conditions at any time for any reason, with or without prior notice to you, and any such changes to these Customer Terms & Conditions will supersede and replace any previous Customer Terms & Conditions effective immediately upon posting to this page. It is your responsibility to periodically review these Customer Terms & Conditions as posted here for any changes. Your continued use of the Website after the posting of changes to these Customer Terms & Conditions will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Customer Terms & Conditions.

Registration for an Account

To use some of the services or features made available to you on the Website, you may need to create an Account. When you register for an Account you are required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address. Users who have created an Account (“Registered Users”) are able to see and manage their account through the “Account” part of the Website after site login. Should any of your registration information change, please update your Account information or notify us immediately at the following e-mail address [email protected]. We also reserve the right to change the registration requirements from time to time. Please see Terms of Use for more information about maintaining and terminating your Account.

Eligibility to Purchase Products

In order to make purchases on the Website, you must be 18 years of age or older, be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the Republic of Ireland and have a shipping address.

In order to make purchases on the Website if you are not a Registered User, you will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the “Billing” information provided. In order to make purchases on the Website you will also need to have been issued a valid credit/debit card by a bank acceptable to HCL, and have authorized HCL to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Product(s) that you purchase. Products purchased by you must be for personal use or purchased as a gift and may not be re-sold or used for commercial purposes or for any other commercial benefit. In addition, HCL reserves the right to restrict multiple quantities of a Product from being shipped to any one customer or postal address.

By making an offer to purchase Products, you expressly authorize HCL to perform credit checks and, where deemed necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

You agree that we may use personal information that you provide in order to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party credit reference or fraud prevention agency which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your personal information and data.

Paid Memberships

HCL is an online magazine which offers three levels of subscription: Free, Basic and Premium. A Basic and Premium membership counts as a “Product”. The magazine is being promoted as free because we offer a free subscription option. The Basic and Premium memberships are paid upgrade options. There is no obligation to subscribe to a paid membership. You are free to upgrade or downgrade your membership at any time in your account. Paid memberships take recurring payments and require a debit/credit card for billing. It is your own responsibility to downgrade to a free membership by changing this in your account to stop recurring payment. No refunds are made if you neglect to make this change. If for whatever reason you cannot downgrade or upgrade your membership contact us at [email protected]

Orders

When placing an order, you must follow the instructions on the Website as to how to place your order and for making changes to your order before you submit it to us through the Website. All orders are subject to acceptance and availability and any Products in ‘Your Cart’ are not reserved and may be purchased by other customers until your order is complete and accepted by us.

HCL offers Products for sale that are in stock and available for shipping. Occasionally, however, we may be waiting for shipment from our suppliers. HCL may, in its sole discretion, offer you, from time to time, the opportunity to either (i) place in advance a “pre-order” for such Products which may ensure that you receive the item on a priority basis once the Products have been delivered to HCL and/or (ii) to register your e-mail address for notification of the arrival of the selected Products not in stock. Your rights regarding pre-orders are the same as those for any other purchase from HCL.

When you submit an order to us through the Website, you agree that you do so expressly subject to the Customer Terms & Conditions current at the date you submit your order. You are responsible for reviewing the latest Customer Terms & Conditions each time you submit an order.

Acceptance of Your Order

Once you place an order, you will receive an e-mail acknowledging the details of your order. We will not be obligated to supply a Product to you until we have accepted your order for such Product by e-mail in a form called a “Confirmation of Order” stating that we are accepting your order. An e-mail, letter, fax or other acknowledgment of your order by us is purely for information purposes and does not constitute our acceptance of your order. When we send you an acknowledgment, we may give you an order reference number and details of the Product(s) you have ordered.

We may, in our discretion, refuse to accept an order from you for any reason, including if we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, the Product(s) you order are out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in these Customer Terms & Conditions. From time to time, we may offer you an alternative Product, in which case we will require you to re-submit your order. We will not be liable to you or any third-party by reason of our withdrawing any Product(s) from the Website, whether or not the Product(s) have been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If you have canceled your order before we have accepted it, or if we cancel your order at any time for any reason, then we will promptly refund any payment already made by you or your credit/debit card company to us for the order of the Product(s).

If you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately by e-mail to [email protected]

Prices

Prices shown on the Website are in Euros and are exclusive of taxes and delivery charges. Once you select a Product that you wish to order and place it in ‘Your Cart,’ you may see all charges you must pay, including taxes, if applicable, and any delivery charges, on the Review page by clicking “checkout” in ‘Your Cart’.

All prices and offers remain valid as advertised from time to time, except in cases of patent error as set forth below. If the price for a Product in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price. While every effort is made to ensure that details on the Website are accurate, we may from time to time discover an error in the pricing of Products. If we discover an error in the pricing of a Product in your order, we will notify you as soon as possible. We will not be under any obligation to accept or fulfill an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will e-mail or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been canceled. If you or your credit/debit card company have already paid for the Product(s), we will refund the full amount as soon as reasonably practicable. In the event that Products are recalled in transit, we will process your refund once the Products have been returned to us.

If you are a customer whose credit/debit card is not denominated in Euros, your final price will be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction.

Delivery of Physical Products

HCL is responsible for each purchase that you make during the time it is in transit until it is delivered to your specified delivery address. Our goal is to deliver the Product(s) to you at the place of delivery requested by you in your order. Please note that it may not be possible for us to deliver to some locations. Should this be the case, we will inform you using your contact details and arrange for cancellation of the order or an alternative delivery address.

Delivery of any Product costing in excess of EUR€500 will require a signature acknowledging receipt to be delivered. Such Products cannot be left at places of delivery stipulated in your order if you, or someone you have authorized to accept delivery, is not present to accept delivery. Anyone at the delivery address who is 18 years of age or older will be deemed to be authorized to accept delivery on your behalf. Once a Product is delivered to you, or if a signature is required, delivery is signed for by you or by someone at the delivery address, responsibility for your purchased Product(s) passes to you.

Our goal is to ship all purchased Products within five business days of the date on which you place your order. If a Product in your order is back ordered, your order may be processed with multiple shipments. We cannot guarantee any firm delivery dates since it is depending on your shipping location to where we must ship your order. We will endeavor to notify you if we anticipate that we will be unable to meet a confirmed delivery date, but in no event will we be responsible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

Upon delivery of an order, you agree to inspect the Product(s) for the correct quantities and any obvious faults, defects or damage.

With respect to Products that cannot be delivered without a signature, if delivery is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your order on the designated delivery date, if you refuse to sign for the delivery of the Product(s) on delivery or if you do not (within two weeks of our first attempt to deliver the Product(s) to you) accept delivery or collect the Product(s) from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: (x) charge you for our reasonable storage fee(s) and other costs reasonably incurred by us, including redelivery costs; and/or (y) no longer make the Product(s) available for delivery or collection and notify you that we are immediately cancelling your order, in which case we will refund to you or your credit/debit card company, as applicable, any money already paid to us, less our reasonable administration charges, including the amount charged for attempting to deliver and then returning the Product(s).

Delivery of Virtual/Downloadable Products

Products that are non-physical/virtual or require a download are available in your account. Therefore, before “Check Out” in “Your Cart” you must have created an account on our Website. If you refuse to create an account or decide to check out as a guest, it is not possible to redeem your virtual/downloadable order. It is your own responsibility that when you order a virtual Product such as a paid membership subscription to create an account on our Website. You are left with the complete responsibility to make sure you create an actual account. If for whatever reason you fail to do so, we may refuse a refund of your purchased virtual/downloadable Product. If you haven’t been able to access or download your virtual/downloadable product, contact us at [email protected] with your proof of payment, proof of account creation and your order number so we can manually grant you access to your virtual/downloadable Product and its related downloadable files via your created customer Account on our Website.

Returns of Physical Products

If you have chosen to return a Product eligible for return you are responsible for following our return policy and returning the Product to us as soon as reasonably practicable but in no event later than 40 days from the order date. We will not accept any returns after 40 days. Products eligible for return must be returned unused, with tags attached in their original packaging.

We do not accept returns of intimate apparel, earrings, any personalized or custom-made products, final sale merchandise, or a Product that is specified as non-returnable in its description unless they are faulty. Any exceptions to this policy will be listed under product details on the product page. In addition, returns are not allowed on any Products you may have purchased at a HCL pop-up shop. To return a Product contact us at [email protected]

Returning Products is always at your risk. If you return any Product for any reason, you must ensure that it is adequately packaged and insured. We will not accept any responsibility for damage caused by inadequate packaging by you or if the Product is damaged or lost while being returned to us.

If you return a Product to us in accordance with the HCL return policy within 40 days of the order date, you will receive a refund which will be credited to the original payment method. Refunds will be in the amount of the Product price plus taxes, if applicable, less a €10 restocking fee for each Product returned but will not include the original shipping cost. We will process the refund due to you as soon as reasonably practicable after the Product(s) have been returned to us and, in any case, within 5 business days of our receipt of the returned Product(s). Please note that refunds can take up to ten working days to appear in your account due to varying processing times between payment providers.

We will keep a record of your order and these Customer Terms & Conditions for a period of one year after we have accepted your order. However, for your future reference we recommend that you print and keep a copy of these Customer Terms & Conditions, your order and the Confirmation of Order.

We offer a flexible return policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if Products are returned repeatedly.

Faulty Products

Products are faulty if they are received damaged or where a manufacturing fault occurs within 40 days of order. Products that are damaged as a result of normal wear and tear are not considered faulty. If you return a damaged or faulty Product we will refund the initial shipping charges paid by you in addition to the amount of the Product price and taxes, if applicable. To return a faulty or damaged Product, please follow the instructions above under “Returns.”

HCL Subscriptions

If you purchase a subscription at HCL, you will receive regular shipments of those products based on the membership you choose: Free, Basic, Premium subscriptions. Your subscription will continue for each subscription period until you cancel. There is no additional fee associated with the subscription, and there is no minimum purchase obligation.

AUTORENEWAL AND RECURRING CHARGES APPLY

By purchasing a subscription, you agree that HCL (or its third-party payment processor) may charge you an initial and recurring subscription fee, without further authorization from you, at our then-current subscription rate. You accept responsibility for all recurring charges and your subscription will continue until you cancel your subscription. We will notify you before each recurring charge. There is no minimum purchase obligation.

CANCELLATION

You may cancel your subscription at any time. To cancel, log in to your HCL account and set your membership to Free or cancel completely. You may also cancel by contacting HCL customer service at [email protected] If you cancel before the next recurring payment is charged, then your subscription will terminate automatically and HCL will not charge your payment provider for any subsequent subscription period.

MANAGE YOUR SUBSCRIPTIONS

You can manage or make changes to your subscriptions at any time, by logging into your goop account, clicking “subscriptions” and following the prompts (e.g., view the status of your subscriptions, add or reactivate a subscription).

You agree that the we may terminate or suspend your subscription for any reason at any time in our sole discretion.