Terms and Conditions

SELLER IDENTIFICATION DATA:

All products available on the Happymami website https://www.happymami.com (hereinafter, the “Website”) are sold by HAPPYMAMI LACTANCIA S.L. under the trade name Happymami (hereinafter, the “COMPANY”), with registered address at Calle Nicaragua 7, 23650
Torredonjimeno, Jaén (Spain) and VAT number B02999415.

CONDITIONS OF USE OF THE WEBSITE

The Website provides access to a multitude of information, services, programs, data, or images (hereinafter, “the contents”) on the Internet belonging to the COMPANY or its licensors to which the User may have access, as well as the online purchase process through the Website’s store, the User directly assuming responsibility for the use of the website with full acceptance of the General Terms and Conditions of contract, which are described below. This responsibility extends to the User registration that may be necessary to access certain services or content. In such registrations, the User will be responsible for providing truthful and lawful information. As a consequence of this registration, the User may be provided with an account and password for which they will be responsible, undertaking to make responsible and confidential use of it. The User undertakes to make appropriate use of the contents of the Website, as well as to participate in it diligently and in accordance with the requirements of the law, this Legal Notice, public order, good customs, morality, and good faith.

The dissemination of content of a racist, xenophobic, or discriminatory nature with respect to any group or person for whatever reason, as well as content that violates rights and public freedoms, is absolutely prohibited and will not be tolerated by the COMPANY. By using this website and/or placing orders through it, you as a User and/or customer agree to:

1. Use this website only to make legally valid inquiries or orders or to obtain information regarding the products of the COMPANY or its owner and other corporate aspects, all for strictly private or particular purposes. The purchase or acquisition of the products of the Website for their distribution and/or subsequent sale in third-party physical and/or online establishments outside the COMPANY, as well as the performance of any activity that exceeds the mere personal and private use of the products offered through the Website, is not authorized and will be directly prosecuted by the COMPANY, also being contrary to these terms and conditions.
   The exploitation of any of the resources of this Website for personal benefit or profit, with or without profit, is in no case authorized and will be duly prosecuted by the owners of the page.
2. Not to make any false or fraudulent order or use the contents or services of the page in such a way that it may cause damage to the equipment and computer systems of the COMPANY or any third party, or to any content that is stored in them, as well as not to introduce or disseminate on the Website computer viruses or any other physical or logical systems that are likely to cause any type of damage.
3. Not to use the contents of the Website or the information that has been accessed through it to advertise third parties, collect or store data and personal information of the Users of the Happymami page or send messages with any commercial purpose or interest or personal profit, whatever it may be.

Without prejudice to the provisions of the Privacy and Data Protection Policy Section, in certain cases, the COMPANY may require prior information and consent from the User, for access to certain Content and/or Services of the Website, the identification of the User who accesses it requesting the completion of a data collection form necessary for the management of certain requests or services (for example, to place a purchase order, to subscribe to the newsletter, etc.). In these cases, the COMPANY may request prior information and consent from the User to identify them by requesting the completion of a personal data collection form. In such cases, the User must provide the information completely and truthfully, as well as update their registration data in case there is any variation in them. In any case, the User will be solely responsible for the false or inaccurate statements they make and for the damages caused to the COMPANY or to third parties for all the information they provide. In this context, the user may also be required to provide their email address, shipping address, and other contact information within the framework of our Privacy and Personal Data Protection Policy. Likewise, the User consents that we may contact them at any time through the contact information provided. The COMPANY undertakes to treat the Personal Data collected in accordance with the provisions of the Privacy Policy section, which the User declares to have read and accepted prior to the communication of the COMPANY of the same, and in any case, in accordance with current regulations.

If you are a User with a registered account, you agree to use your username and password diligently, as well as to maintain their confidentiality, this being your sole responsibility. The COMPANY also reserves the right to cancel, delete, or restrict access to those accounts that are considered duplicated, false, bearing untrue information, or in any way contrary to the conditions of this Legal Notice and/or that violate the law, morality, public order, the rights and freedoms of citizens, or good customs.

It is possible that to guarantee adequate access to the Contents and Services of the Website, the User must install certain programs, software, and applications on their computer. In these cases, the decision to install the above programs, software, applications, or
versions will be the responsibility of the User, the COMPANY not assuming any type of responsibility in relation to the decision and the installation procedure, nor with respect to the results thereof.

These conditions may be modified without prior notice, prevailing those that are published at the time the service is used. We recommend reading them each time you want to make use of the services.

CONDITIONS OF THE PURCHASE PROCESS

The User may browse freely through the COMPANY’s online store until they identify the item they wish to purchase. Once located, simply clicking on it will provide you with all the information related to the product available on our site,
being able to add the item to your shopping cart.

In case this is the first time you place an order through the COMPANY’s Website, we will require your identification by entering a series of data. You can place your order as a guest, in which case you will only enter the data necessary for the
order fulfillment, or register by creating a username and password and thus activate an account from which you can manage future orders without having to re-enter your personal information. Additionally, Customers with a registered account have the option of
tracking their orders, as well as the possibility of requesting an invoice.

Once the order is received, our after-sales service will contact the customer through the WhatsApp platform to track their HappyMami and make sure everything is in order. You will also be contacted if the order has been canceled for any reason. We will also be at your disposal to offer you
advice if you wish. If you prefer that we do not contact you, please indicate this by sending an email to info@happymami.com or communicating it through Whatsapp at +34 623537763.

The User will make the purchase as a final consumer and without any further profit motive, the COMPANY reserving the right to block possible purchase operations that do not respect this budget. To this effect, it is evidenced that the purchase or acquisition of the products of the Website for their distribution and/or subsequent sale in third-party physical and/or online establishments outside the COMPANY, as well as the performance of any activity that exceeds the mere personal and private use of the products offered through the Website, is not authorized and will be
directly prosecuted by the COMPANY, also being contrary to these terms and conditions. By making the purchase and accepting the tab “I have read and accept the terms and conditions and privacy policy of the website*” you agree to receive information emails about the order placed and cart recovery.

TERRITORIALITY

Currently, the online distribution of Happymami Products available on our Website reaches the Spanish peninsular territory, the Balearic Islands, the Canary Islands, Ceuta and Melilla, and France, so shipments will only be made to addresses located in the indicated territories. By placing your order, you confirm that you are a customer residing in an area within the previous area.

In accordance with current legislation, purchases made from our Website are subject to value added tax, the applicable rate being the one in force at the time the purchase is made.

ORDERS

1. General conditions
   In the event that an online purchase process is formalized, the completion and sending of the purchase order will express the full and unreserved acceptance and adherence to each and every one of these General Purchase Conditions, as will be explicitly indicated in the Purchase Order. The aforementioned General Purchase Conditions are available to the Customer in durable support and may be consulted whenever desired. These conditions may be subject to modification and update without prior notice, so it is your responsibility to read them when you wish to use our website.

In the event that the User decides to place an order through the COMPANY’s online store, the Purchase Orders referred to in these Conditions are those that will be sent to the Seller by electronic means from the online store available on the website (www.happymami.com). For a purchase order placed from the website to be valid, all the information requested as mandatory in the forms provided by the technical means available there must have been completed.

It is expressly stated that the acquisition of Happymami products available on the Website is reserved exclusively for the direct, personal, and non-profit use of the acquiring User or Customer, who is not authorized to allocate such products for the performance of any economic activity or inclusive of any type of profit motive, whether in their own favor or that of any third party. The COMPANY reserves the right to legally pursue this type of action, adopting all measures that legally proceed against those subjects who acquire the Products or use in any way this website with the intention of any profit motive in their favor or that of third parties, or that deviates from the merely personal and consultative use of the website and its contents.

We inform you that the Purchase Order and the Customer Registration process record the IP addresses of the Internet connection from which they are carried out. The IP address allows us to use it as judicial proof in case of possible fraud due to misuse of credit cards and/or false orders.

All orders placed through the website are subject to their availability, so the COMPANY is not responsible for their non-existence or unavailability.

CONCLUSION OF THE CONTRACT

Once the Customer’s order request is confirmed by the Seller, the sale contract will be understood to be formalized with respect to the goods identified in the shopping cart.

In relation to the legally required pre-contractual information, it is expressly stated that the User who is going to acquire a product from the COMPANY’s online store has at their disposal on the Website all the information relating to the price and the main characteristics of the good or service in question, the identity of the entrepreneur and their trade name, as well as their address and contact details, and the rest of the legally required information.

To place an order, the Customer must follow the online purchase procedure through the “Add to Cart” button and click on “Checkout”. Once the purchase is confirmed by you, you will receive a communication from the Seller with the confirmation of the purchase made. In case the order is not placed, cart recovery emails will be received. The acceptance of the order, however, is subject to the availability of our products in accordance with what is indicated in the Product Delivery clause.

Prior to the final confirmation of the purchase to be made, the User may review all the details related to it (type of product, units, color, place of delivery, price, etc.). In this way, it will be possible to review all the details associated with the order, being able to correct the appropriate extremes, although once the order is confirmed it will not be possible to cancel or modify it.

Once the Customer has made their purchase, all the items they wish to buy will have been added to their cart and the next step will be to process the order and make the payment through the following steps and buttons:

1.- Click on “Add to cart” and display “the Cart” at the top of the page.

2.- Click on the “Checkout” button and accept the General Purchase Conditions and the Privacy Policy.

3.- Fill in or check the contact information, your order details, the address to which you want the order to be sent and the address to which the invoice will have to be sent, in addition to the payment method

4.- Click on “Place order” and enter your card details.

6.- Click on “Finish Payment”.

PRICE

The prices of the products available on our website are provided in euros (€) and should be understood as the final price to be paid by the acquiring User.

All prices displayed on this website include VAT in force at the time of sale, but exclude shipping costs that will be added to the total amount due with express identification of them when applicable. To consult the delivery costs corresponding to a
Purchase the User can do so in the shipping and transport conditions section.

The prices for the items visible on the website are only valid for the items in stock. For items out of stock or acquired as a reservation, and/or in the event that the contract cannot be executed due to the unavailability of the acquired good,
this circumstance will be immediately informed, and the customer may request the return of the amounts paid without cost to the latter.

PAYMENT METHODS

Your willingness to pay will be formalized by the “Finish Payment” button. For an order to be processed, immediate payment of this after confirmation will be necessary. In this sense, it is expressly stated that only those orders for which payment of their amount has been completed will be processed.

Payment for products purchased through the Website may be made by credit card, Bizum, PayPal, and Klarna. This payment method is immediate and completely secure. The Seller uses secure payment gateways that redirect the Customer to their own issuing entity of the card used. We, as the COMPANY, are committed to ensuring that all bank details provided during the payment process are encrypted on a secure platform of the bank itself, where the entire process is carried out, thus guaranteeing the security and maximum
confidentiality thereof. This information is requested by the bank itself, and not the COMPANY, so we do not have access to personal or access data. Each banking entity has its own means of verifying this data.

By clicking on the Pay button, the Customer is confirming that the card used is in their name or that they are the legitimate holder thereof.

Credit cards will be subject to authorizations and checks by the issuing entity thereof. If the issuing entity does not authorize the payment, the Seller is not responsible for delays or non-deliveries and the purchase agreement will not be formalized.

In the case of purchasing at your usual pharmacy, you should consult the payment conditions with your pharmacist.

PRODUCT SHIPPING AND DELIVERY

Subject to product availability, delivery will be made to the address indicated as the shipping location when making the purchase. When you are making the purchase, within the corresponding section, you must indicate the address where you want to pick up or receive the package. The
Customer agrees to provide the Seller with correct and intelligible shipping information in order to formalize the delivery of the product. Deliveries will only be made to addresses accessible to delivery companies within the Peninsular Territory, Balearic Islands, Canary Islands, Ceuta, and Melilla.

The delivery times for products in stock will be carried out according to the following details, subject to the Customer’s choice:

Residents in the Peninsula:

• Shipments in 24-72 hours to the address, business days:
  • Price €4.95 (VAT included)
  • Free from 49 Euros (subject to price changes, without prior notice)

Residents Balearic Islands:

• Shipments in 2-4 business days to the address:
  • Price €6.95 (VAT included)

Residents Canary Islands:

All orders destined for the Canary Islands are subject to the IGIC of 8%, which will be assumed by the customer at the time of delivery. To learn more about these amounts for this service, you can contact us at  info@happymami.com or at +34 623 53 77 63.

• Shipments in 7-10 business days to the address:
  • Price €9.95 VAT EXEMPT

Residents Ceuta and Melilla:

• Shipments in 7-10 business days to the address:
  • Price €9.95 VAT EXEMPT

France

• Shipments in 3-5 business days to the address:
  • Price €6.95 (VAT 20% included)

Once we have registered your order, we prepare it and ship it. The preparation time is approximately 1 to 3 business days from the moment the order is recorded in our system, preferably in the first 24 hours for orders placed before 10:30 am on business days.

These preparation and delivery times are the usual ones, and may be altered by holidays or non-business days, which may lengthen the preparation time, as long as there is no setback related to the logistics operator, weather conditions, absence at the address, or any error related to the shipping address.

In cases where the product is not available, the delivery period will always be understood from the arrival of the material at our warehouses and shipment of the order within the maximum delivery period of 60 calendar days from the conclusion of the purchase agreement. In the event of impossibility to deliver the purchased product, the Seller will reimburse the customer without undue delay all amounts paid. In any case, the Seller’s Customer Service will contact the Customer to find the best solution and thus be able to ship the order.

If the good is not available, the Seller may supply a good of similar characteristics that has the same or higher quality, which would be subject to the same return conditions, with the buyer paying the difference if any in the order.

For the purposes of counting the days necessary for shipping, Friday afternoons, Saturdays, Sundays, and holidays (both national and local) are not taken into account.

Notwithstanding the foregoing, the Seller shall be released from compliance with its planned delivery obligations and declines all responsibility in this regard in the event of:

• Total or partial non-payment by the Customer accompanying the Purchase Order.
• Omission or inaccuracy of the information that, in accordance with the provisions of these
  General Conditions, must be supplied by the Customer in the Purchase Order at the
  time of placing the order.
• Non-compliance with the sales budget to the end consumer who acquires the product
  for their use and enjoyment without the intention of distribution or subsequent sale.

BONUSES AND VOUCHERS

The bonuses that are received through the company’s marketing actions are non-transferable. The conditions for redeeming the bonuses will appear in the shipment or publication thereof, and a minimum purchase order, a specific purchase period, or a first purchase by a new customer may be a condition of use. Promotions and discounts are not cumulative. Therefore, it is possible that the bonuses are not applicable to products classified as “offers.”

CONTESTS

The contests that the COMPANY organizes are free to participate in and without obligation to purchase.

The winners of the contests receive a notification by email and/or telephone, or by the method described in the contest, informing them of what they have won. The prize will not be compatible or cumulative with other promotions. If the amount of the gift voucher is less than the value of the order, the customer must pay the difference using one of the current payment methods. By communicating their email address, participants automatically agree to receive the newsletter at https://www.happymami.com. The COMPANY reserves the right to postpone or cancel a contest and will not assume any responsibility for problems that may occur during the duration of the operation. Participation in the contest implies full acceptance of these regulations. The regulations may be modified at any time by including an additional clause by the organizer, respecting the stated conditions. Any fraud or attempted fraud that is carried out in order to unfairly perceive a gain may involve legal action.

COMMENTS AND RATINGS OF THE PRODUCTS

The comments and ratings of the COMPANY and its products are intended to help other customers to know their opinion about the products and other services of the COMPANY. All comments must comply with the participation rules indicated below and
always respect other users. Otherwise, the COMPANY reserves the right to deny the publication of such comments.

• Comments whose content or links may be considered defamatory, offensive, insulting, libelous, or contrary to Spanish laws, including those that constitute an apology for terrorism or violence in general, or those that may involve any violation of the rights of minors and children will not be accepted.
• Comments with racist, sexist, homophobic content, discriminatory by gender identity, or that, in general, can be interpreted as an attack towards any group or minority based on aspects such as nationality, sex, religion, age, or any type of physical or mental disability will not be admitted.
• Comments may not include threats, insults, or personal attacks against any natural or legal person.
• Comments that harbor spam, third-party websites, commercial advertising
  or material specially protected by copyright will not be accepted.
• Comments whose sole purpose is manifestly to sabotage the debate (the same paragraph, link, phrase, etc. repeated 25 times, for example) will be eliminated.
• Those opinions that are not such but questions or any other content since there is a questions section for it.
• Those contradictory opinions that may lead to confusion of other users, such as the score and comments are not consistent. For example, very high scores with manifestly negative comments, and vice versa.
• Erroneous opinions that do not refer to the evaluated product but to other different services or products.
• Those opinions associated with confirmed online orders will appear as verified. If a user who has purchased a product from a physical distributor wants their opinion to be considered verified, they will only have to attach their purchase receipt.

The COMPANY reserves the right to completely eliminate comments that do not respect these operating rules or that it considers do not conform to the subject thereof.

The COMPANY will not be responsible for the opinions expressed by users through its participation tools.

Modifications to the website

The COMPANY reserves the right to make, without prior notice, the modifications it deems appropriate on its website, being able to change, delete, or add both the content and services provided through it and the way in which these appear presented or located on its website.

This will not affect in any case the rights of customers, which will be the same as those announced at the time of purchase.

TRANSMISSION OF RISK OF OWNERSHIP

When the Seller sends the Customer the purchased goods, the risk of loss or deterioration of these is transferred to the customer when the customer or a third party indicated by him, other than the carrier, acquires their material possession.

Ownership of the products will be acquired by the Customer at the time that the total payment of the price and shipping costs has been made by him or at the time of delivery if this takes place at a later time.

RIGHT OF WITHDRAWAL

If for any reason the customer is not satisfied with their order, they have a period of 14 calendar days, from the date of delivery of the order, to return it, in accordance with article 102 of the Law of Consumers and Users, and in this sense, they must
notify our Customer Service Department. The exercise of the right of withdrawal will extinguish any type of obligation existing between the parties when executing the contract.

To exercise your right of withdrawal within the indicated period, the customer must notify the COMPANY with postal address at Calle Nicaragua, 7, 23650, Jaén, Telephone + 34 623537763, and email address info@happymami.com, preferably via WhatsApp at number +34 623537763. To exercise this action, you can use our withdrawal form, which we will provide you after your request. As an exception to the right of withdrawal, the return of personalized or specific products or products from collections with the name ‘special’ or ‘limited’ collection or products that are part of sets, baskets or packs, whether or not personalized, or the supply of sealed goods that are not suitable to be returned for reasons of health protection or
hygiene and that have been unsealed after delivery will not be accepted.

In case of withdrawal by the Customer, we will refund all payments received from you, not including delivery costs, and the customer will be required to pay the additional costs resulting from the shipping cost for the return of the product, with the COMPANY making the most favorable recommendation, but being possible for you to choose a delivery method different from the least expensive method of ordinary delivery that we offer. On the part of the COMPANY, the refund will be made within 14 calendar days from the date on which we are informed of the decision to withdraw, and the same payment method used by you for the initial transaction will be used. Notwithstanding the foregoing, the COMPANY may withhold the refund until it has received the goods or until you have presented proof of the return thereof, depending on which condition of the foregoing is met first.

The Customer must return the product to the COMPANY, without any undue delay and in any case within 14 calendar days from the date on which he has communicated his intention to withdraw to the Seller. If the return is not made within the indicated period, it will be understood that the Customer no longer wants to return the product.

The product that you wish to return must be in perfect condition, unused and in its original packaging, as well as all the product documentation, with the Customer being responsible for the decrease in the value of the returned goods due to handling other than that necessary
to establish the nature, characteristics or functioning of the sent good.

The Customer assumes the direct costs of returning the goods.

PRODUCT WARRANTY AND RETURN OF DEFECTIVE PRODUCTS

All products offered by the Seller through our website are original from the brand and new. They have a commercial guarantee valid within the European territory, the duration of which depends on the articles and brands.

We have the compliance of the following regulations that guarantee us:

• The European Standard EN 14350, Childcare articles. Articles for liquid feeding.
• Regulation (EC) 1935/2004, of October 27, 2004, of the European Parliament and of the Council, on materials and articles intended to come into contact with food
• Commission Regulation (EU) No. 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food.
• Royal Decree 847/2011, of June 17, which establishes the positive list of substances allowed for the manufacture of polymeric materials intended to come into contact with food.

All the tests that demonstrate such compliance have been carried out by the company SOAR.

However, and based on the provisions of Law 23/2003, of July 10, on Guarantees in the Sale of Consumer Goods, it will be presumed that all defects or lack of conformity with the product that manifest within the first 6 months, are due to manufacturing errors,
so we will proceed as appropriate to the repair, replacement, price reduction or termination of the contract, procedures that will be free for the consumer or user. For errors, failures or deficiencies from that date, it will be the customer’s duty to prove that it is
of manufacturing errors and not by its use. We will respond to the lack of conformity that manifests itself within two years from delivery. The consumer must inform us of the lack of conformity within two months from when they become aware of it.

The guarantee of the products is excluded if they have suffered, once delivered to the customer, any deterioration due to external events, accidents, etc. or if they are damaged by misuse or improper use or not following the instructions for use indicated by the Seller.

The Seller does not grant any guarantee on products or services that have been sold by third parties not authorized by the Seller.

If the product is not as agreed, the Customer may choose between demanding repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. In this regard, you must make contact to indicate this to the Seller so that they can verify that the conditions required to accept the return are met and send the purchased item together with proof of purchase. When notifying the claim, and to ensure that the Customer is aware of their complaint or claim, the Seller will provide proof in a durable medium with an identification code for the incident.

If the return or exchange is due to a defective product, all shipping costs will be borne by the Seller.

For all purposes, the delivery of the product will be understood to have taken place at the time it appears on the product delivery note.

For any clarification on these general conditions or to make any claim related to your purchase, the following addresses are available: info@happymami.com

CUSTOMER SERVICE

If you have any questions, you can contact our Customer Service through any of the following channels:

• Sending an email to: info@happymami.com
• Calling or contacting via WhatsApp +34 623537763 from Monday to Friday from 09:00 to 15:00, Spanish time.

APPLICABLE LEGISLATION

These general conditions are governed by Spanish law.

JURISDICTION

Without prejudice to other rights that may correspond to the User, in their capacity as a consumer, in accordance with the regulations on Consumers and Users, this Privacy Policy is subject to the courts and tribunals of the city of Jaén.

The COMPANY reserves the right to pursue non-compliance with these conditions, as well as any improper use of its website, exercising all civil and criminal actions that may correspond to it by law.

COVID-19 INFORMATION

Thank you for your trust in Happymami. We are working hard and taking all necessary measures to guarantee the best service and the greatest safety in our products. It is possible that the delivery of orders may be delayed more than usual.