Terms and Conditions

SELLER IDENTIFICATION DETAILS:

All the products available on the 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 office at Calle Nicaragua 7, 23650
Torredonjimeno, Jaén (Spain) and tax identification number (CIF) B02999415.

CONDITIONS OF USE OF THE WEBSITE

The Website provides access to a wide range of information, services, programs, data or images (hereinafter, “the content”) on the Internet belonging to the COMPANY or its licensors to which the User may have access, as well as to the online purchasing process through the Website's shop, the User directly assuming responsibility for the use of the website with full acceptance of the General Conditions of Contract, which are described below. That responsibility extends to any User registration that may be required in order to access certain services or content. In such registrations, the User shall be responsible for providing truthful and lawful information. As a result of this registration, the User may be provided with an account and password for which the User shall be responsible, undertaking to use them responsibly and confidentially. The User undertakes to make appropriate use of the content of the Website, and to participate in it diligently and in accordance with the requirements of the law, this Legal Notice, public order, accepted standards of conduct, morality and good faith.

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

1. Use this website solely to make enquiries or legally valid orders or to obtain information relating to the products of the COMPANY or its owner and other corporate matters, always for strictly private or personal purposes. The purchase or acquisition of the products on the Website for subsequent distribution and/or sale in third-party physical and/or online establishments unconnected with the COMPANY, and the carrying out of any activity that goes beyond the mere personal and private use of the products offered through the Website, is not authorised and will be directly pursued by the COMPANY, and is likewise contrary to these terms and conditions.
   The exploitation of any of the resources of this Website for personal benefit or advantage, whether or not for profit, is in no case authorised and will be duly pursued by the owners of the website.
2. Not place any false or fraudulent order or use the content or services of the website in such a way as may cause damage to the computer equipment and systems of the COMPANY or of any third party, or to any content stored on them, and not introduce or disseminate on the Website computer viruses or any other physical or logical systems that are liable to cause any kind of damage.
3. Not use the content of the Website or the information accessed through it to advertise third parties, to collect or store personal data and information of the Users of the Happymami website, or to send messages for any commercial purpose or personal interest or 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, subject to prior information and the consent of the User, for access to certain Content and/or Services of the Website, the identification of the User accessing it by requesting completion of a data collection form necessary for the handling of certain requests or services (for example, to place a purchase order, to subscribe to the newsletter, etc.). In such cases, the COMPANY may request, subject to prior information and the consent of the User, the User's identification by requesting completion of a personal data collection form. In such cases, the User must provide the information completely and truthfully, and update their registration data should any change occur. In any event, the User shall be solely responsible for any false or inaccurate statements they make and for the harm they cause to the COMPANY or to third parties through all the information they provide. In this context, the user may also be required to provide their e-mail address, delivery address and other contact details within the framework of our Privacy and Personal Data Protection Policy. Likewise, the User consents to our contacting them at any time through the contact details provided. The COMPANY undertakes to process 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 communicating that data to the COMPANY, and in any event in accordance with the regulations in force.

If you are a User with a registered account, you undertake to use your username and password diligently and to keep them confidential, this burden being your sole responsibility. The COMPANY also reserves the right to cancel, delete or restrict access to those accounts that are considered duplicated, false, carrying untruthful information or in any way contrary to the conditions of this Legal Notice and/or in breach of the law, morality, public order, the rights and freedoms of citizens or accepted standards of conduct.

In order to ensure adequate access to the Content and Services of the Website, the User may need to install certain programs, software and applications on their equipment. In such cases, the decision to install the aforementioned programs, software, applications or
versions shall be the User's own, and the COMPANY assumes no liability whatsoever in relation to the decision and the installation procedure, nor in respect of their results.

These conditions may be amended without prior notice, those published at the time the service is used prevailing. We recommend reading them each time you wish to use the services.

CONDITIONS OF THE PURCHASING PROCESS

The User may browse freely through the COMPANY's online shop until they identify the item they wish to purchase. Once located, a simple click on it will provide all the information relating to the product available on our site,
and the item can be added to the shopping basket.

If 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 may place your order as a guest, in which case you will only enter the data necessary to
place the order, 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. In addition, Customers with a registered account have the option to
track their orders, as well as the possibility of requesting an invoice.

Once the order has been received, our after-sales service will contact the customer via the WhatsApp platform to follow up on their HappyMami and make sure everything is in order. We will also make contact if the order has been cancelled for any reason. We will also be at your disposal to offer you
advice should you so wish. If you prefer that we do not contact you, please let us know by sending an e-mail to info@happymami.com or by informing us through Whatsapp at +34 623537763.

The User shall make the purchase as an end consumer and without any further profit motive, the COMPANY reserving the right to block any purchase transactions that do not respect this requirement. To that end, it is made clear that the purchase or acquisition of the products on the Website for subsequent distribution and/or sale in third-party physical and/or online establishments unconnected with the COMPANY, and the carrying out of any activity that goes beyond the mere personal and private use of the products offered through the Website, is not authorised and will be
directly pursued by the COMPANY, and is likewise contrary to these terms and conditions. By making the purchase and ticking the box “I have read and accept the website's terms and conditions and privacy policy*”, you agree to receive e-mails with information about the order placed and abandoned-cart recovery.

TERRITORIALITY

Currently, the online distribution of the Happymami Products available on our Website covers mainland Spain, the Balearic Islands, the Canary Islands, Ceuta and Melilla, and France, and deliveries will therefore only be made to addresses located in the territories indicated. By placing your order, you confirm that you are a customer resident in an area within the above territory.

In accordance with the legislation in force, 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
   Where an online purchasing process is formalised, the completion and submission of the purchase order shall express full and unreserved acceptance of and adherence to each and every one of these General Conditions of Purchase, as will be explicitly stated in the Purchase Order. The said General Conditions of Purchase are available to the Customer on a durable medium and may be consulted whenever desired. These conditions may be amended and updated without prior notice, and it is therefore your responsibility to read them whenever you wish to use our website.

Where the User decides to place an order through the COMPANY's online shop, the Purchase Orders to which these Conditions refer are those that will be placed with the Seller by electronic means from the online shop provided 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 purchase of the Happymami products available on the Website is reserved exclusively for the direct, personal and non-profit use of the purchasing User or Customer, who is not entitled to use such products for any economic activity or one involving any kind of profit motive, whether for their own benefit or that of any third party. The COMPANY reserves the right to take legal action against this type of conduct, adopting all measures that are legally appropriate against those persons who purchase the Products or use this website in any way with the intention of any profit motive for themselves or for third parties, or who depart from the merely personal and consultative use of the website and its content.

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 evidence in the event of possible fraud through misuse of credit
cards and/or false orders.

All orders placed through the website are subject to availability, and the COMPANY is therefore not responsible for the non-existence or unavailability of the products.

FORMATION OF THE CONTRACT

Once the Customer's order request has been confirmed by the Seller, the contract of sale shall be deemed formalised in respect of the goods identified in the shopping cart.

In relation to the pre-contractual information required by law, it is expressly stated that the User who is going to purchase a product from the COMPANY's online shop has available on the Website all the information relating to the price and the main characteristics of the goods or service in question, the identity of the trader and their trade name, as well as their address and contact details, and the rest of the information required by law.

To place an order, the Customer must follow the online purchasing procedure by means of the “Add to Cart” button and click on “Checkout”. Once you have confirmed the purchase, you will receive a communication from the Seller confirming the purchase made. If the order is not completed, abandoned-cart recovery e-mails will be received. Acceptance of the order is, however, subject to the availability of our products as indicated in the Delivery of the Product clause.

Before the final confirmation of the purchase to be made, the User may review all the details relating to it (type of product, units, colour, place of delivery, price, etc.). In this way, there will be an opportunity to review all the details associated with the order, and to correct any relevant points, although once the order has been confirmed it will not be possible to cancel or amend it.

Once the Customer has made their purchase, all the items they wish to buy will have been added to their basket 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 open “the Cart” at the top of the page.

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

3.- Fill in or check the contact information, your order details, the address to which you wish the order to be sent and the address to which the invoice is to be sent, as well as the payment method

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

6.- Click on “Complete Payment”.

PRICE

The prices of the products available on our website are given in euros (€) and are to be understood as the final price payable by the purchasing User.

All prices shown on this website include the VAT in force at the time of sale, but exclude delivery costs, which will be added to the total amount due, expressly identified as such where applicable. To check the delivery costs corresponding to a
Purchase, the User may do so in the shipping and transport conditions section.

The prices for the items visible on the website are only valid for items in stock. For items that are out of stock or purchased on a reservation basis, and/or where the contract cannot be performed because the purchased goods are not available,
the customer will be informed of this immediately and may request a refund of the sums paid at no cost to the customer.

PAYMENT METHODS

Your intention to pay will be formalised by means of the “Complete Payment” button. For an order to be processed, immediate payment of it following confirmation will be required. In this regard, it is expressly stated that only those orders for which payment of the amount has been completed will be processed.

Payment for products purchased through the Website may be made by credit card, Paypal and Klarna. This form of payment is immediate and completely secure. The Seller uses secure payment gateways that redirect the Customer to their own issuing Entity of the card used. The COMPANY undertakes to ensure that all the bank details provided in the payment process are encrypted on a secure platform of the bank itself, on which the entire process takes place, thus guaranteeing their security and maximum
confidentiality. This information is requested by the bank itself, and not by the COMPANY, so we do not have access to the personal or access data. Each bank has its own means of verifying this data.

By clicking on the button to proceed to Payment, the Customer confirms that the card used is their own or that they are its lawful holder.

Credit cards shall be subject to authorisations and checks by the entity that issued them. If the issuing entity does not authorise the payment, the Seller shall not be responsible for any delay or non-delivery and the contract of sale shall not be formalised.

If you buy at your usual pharmacy, you must check the payment conditions with your pharmacist.

SHIPPING AND DELIVERY OF THE PRODUCT

Subject to product availability, delivery will be made to the address indicated as the place of delivery when making the purchase. When you are making the purchase, in the corresponding section, you must indicate the address at which you wish to collect or receive the parcel. The
Customer undertakes to provide the Seller with correct and legible delivery details so that delivery of the product can be made. Deliveries will only be made to addresses accessible to delivery companies within the Mainland Territory, the Balearic Islands, the Canary Islands, Ceuta and Melilla.

Delivery times for products in stock shall be as detailed below, subject to the Customer's choice:

Residents of the Mainland:

• Home delivery in 24-72 hours, working days:
  • Price €4.95 (VAT included)
  • Free from 49 Euros (subject to price changes, without need for prior notice)

Residents of the Balearic Islands:

• Home delivery in 2-4 working days:
  • Price €6.95 (VAT included)

Residents of the Canary Islands:

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

• Home delivery in 7-10 working days:
  • Price €9.95 VAT EXEMPT

Residents of Ceuta and Melilla:

• Home delivery in 7-10 working days:
  • Price €9.95 VAT EXEMPT

France

• Home delivery in 3-5 working days:
  • Price €4.95 (TVA 20% included)

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

These preparation and delivery times are the usual ones and may be altered by public holidays or non-working days, and the preparation time may be extended, in addition provided that there is no setback relating to the logistics operator, weather conditions, absence from the home or an error relating to the delivery address.

Where the product is not available, the delivery time shall always be counted from the arrival of the material at our warehouses and the dispatch of the order within the maximum delivery period of 60 calendar days from the conclusion of the contract of sale. If it is impossible to deliver the purchased product, the Seller shall reimburse the customer, without undue delay, all the amounts paid. In any event, the Seller's Customer Service will contact the Customer to seek the best solution and thus be able to dispatch the order.

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

For the purposes of counting the days required for shipping, Friday afternoons, Saturdays, Sundays and public holidays (both national and local) do not count.

Notwithstanding the foregoing, the Seller shall be released from compliance with its stipulated delivery obligations and declines all liability in this regard in the following cases:

• Total or partial non-payment by the Customer accompanying the Purchase Order.
• Omission or inaccuracy of the information which, in accordance with the provisions of these
  General Conditions, the Customer must provide in the Purchase Order at the
  time of placing the order.
• Failure to comply with the requirement of sale to an end consumer who acquires the product
  for their own use and enjoyment without intention of subsequent distribution or sale.

VOUCHERS AND COUPONS

Vouchers received through the company's marketing actions are non-transferable. The conditions for redeeming the vouchers will appear in the mailing or publication of the voucher, and the conditions of use may include a minimum purchase order, a specific purchase period or a first purchase by a new customer. Promotions and discounts cannot be combined. Therefore, vouchers may not be applicable to products classified as “offers”.

COMPETITIONS

The competitions organised by the COMPANY are open to free participation and there is no obligation to purchase.

The winners of the competitions receive a notification by e-mail and/or by telephone, or by the method described in the competition, informing them of what they have won. The prize shall 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 by any of the payment methods in force. By providing us with their e-mail address, participants automatically agree to receive the newsletter at https://www.happymami.com. The COMPANY reserves the right to postpone or cancel a competition and shall not assume any liability for problems that may arise during the course of the operation. Participation in the competition implies full acceptance of these rules. The rules may be amended at any time by the inclusion of an additional clause by the organiser, respecting the conditions set out. Any fraud or attempted fraud carried out with the aim of unfairly obtaining a prize may give rise to legal action.

PRODUCT COMMENTS AND REVIEWS

The comments and reviews of the COMPANY and its products are intended to help other customers learn your opinion on the products and other services of the COMPANY. All comments must comply with the participation rules set out below and
must always respect other users. Otherwise, the COMPANY reserves the right to refuse to publish such comments.

• Comments whose content or links may be considered defamatory, degrading, insulting, slanderous or contrary to Spanish law will not be accepted, including those that constitute the glorification of terrorism or of violence in general, or those that may involve any violation of the rights of minors and children.
• Comments with racist, sexist, homophobic content, or content that is discriminatory on grounds of gender identity or that may in general be interpreted as an attack on any group or minority on the basis of aspects such as nationality, sex, religion, age or any kind 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 containing 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 discussion (the same paragraph, link, sentence, etc. repeated 25 times, for example) will be removed.
• Those opinions that are not opinions but questions or any other content, since there is a questions section for that purpose.
• Those contradictory opinions that may give rise to confusion among other users, such as where the rating and comments are not consistent. For example, very high ratings with manifestly negative comments, and vice versa.
• Erroneous opinions that do not refer to the product being assessed but to other different services or products.
• Opinions associated with confirmed online orders will appear as verified. If a user who has bought a product from a physical distributor wishes their opinion to be considered verified, they will only have to attach their purchase receipt.

The COMPANY reserves the right to delete completely any comments that do not respect these operating rules or that it considers do not fit the topic concerned.

The COMPANY shall 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 considers appropriate to its website, and may change, remove or add both the content and services provided through it and the way in which they are presented or located on its website.

This shall in no case affect the rights of customers, which shall be the same as those announced at the time of purchase.

TRANSFER OF RISK AND OWNERSHIP

When the Seller sends the purchased goods to the Customer, the risk of loss or deterioration of the goods passes to the customer when the customer or a third party indicated by them, other than the carrier, acquires physical possession of them.

Ownership of the products shall be acquired by the Customer at the moment they have paid the price and the shipping costs in full, 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, counted from the date of delivery of the order, to return it, in accordance with article 102 of the Spanish Consumers and Users Act (Ley de Consumidores y Usuarios), and must notify our Customer Service Department accordingly.
The exercise of the right of withdrawal shall extinguish any obligation existing between the parties in performing the contract.

To exercise your right of withdrawal within the stated period, the customer must notify the COMPANY, whose postal address is Calle Nicaragua, 7, 23650, Jaén, telephone + 34 623537763, and e-mail address info@happymami.com, preferably via WhatsApp at the number +34 623537763. To exercise this right you may use our withdrawal form, which we will provide to you following your request. As an exception to the right of withdrawal, the return of personalised or made-to-measure products, of products from collections designated ‘special’ or “limited”, or of products forming part of sets, layettes or packs, whether personalised or not, will not be accepted, nor will the return of sealed goods that are not suitable for return for reasons of health protection or
hygiene and that have been unsealed after delivery.

In the event of withdrawal by the Customer, we will reimburse all payments received from you, excluding delivery costs, and the customer shall be required to pay the additional costs arising from the shipping cost of returning the product; the COMPANY will make the most favourable recommendation, although you may choose a type of delivery other than the least expensive type of standard delivery that we offer. The COMPANY will make the refund within 14 calendar days from the date on which we are informed of the decision to withdraw, and the same means of payment 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 provided proof of their return, whichever of the above conditions is met first.

The Customer must return the product to the COMPANY, without any undue delay and in any event within 14 calendar days from the date on which the Customer notified the Seller of their decision to withdraw. If the product is not returned within the stated period, the Customer shall be deemed to no longer wish to return the product.

The product to be returned must be in perfect condition, unused and in its original packaging, together with all the product documentation, the Customer being liable for any diminished value of the returned goods resulting from handling other than that necessary
to establish the nature, characteristics or functioning of the goods sent.

The Customer shall bear the direct costs of returning the goods.

PRODUCT GUARANTEE AND RETURN OF DEFECTIVE PRODUCTS

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

We comply with the following regulations, which support us:

• European Standard EN 14350, Child use and care articles. Drinking and feeding equipment.
• Regulation (EC) 1935/2004 of the European Parliament and of the Council of 27 October 2004 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 17 June, establishing the positive list of substances permitted for the manufacture of polymeric materials intended to come into contact with food.

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

Notwithstanding the foregoing, and pursuant to the provisions of Act 23/2003 of 10 July on Guarantees in the Sale of Consumer Goods (Ley de Garantías en la Venta de Bienes de Consumo), it shall be presumed that all defects or lack of conformity of the product that appear within the first 6 months are due to manufacturing errors,
and we will therefore proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, all of which shall be free of charge for the consumer or user. For errors, faults or deficiencies arising after that date, it shall be the customer's duty to prove that they are
manufacturing errors and not the result of use. We shall be liable for any lack of conformity that becomes apparent within two years of delivery. The consumer must inform us of the lack of conformity within two months of becoming aware of it.

The guarantee on products is excluded if, once delivered to the customer, they have suffered any deterioration due to external events, accidents, etc., or if they are damaged through misuse or improper use or by 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 authorised by the Seller.

If the product does not conform, the Customer may choose between requiring the repair or the replacement of the product, unless one of these two options is objectively impossible or disproportionate. To that end, the Customer must contact the Seller to indicate this so that
the Seller can verify that the conditions required to accept the return are met, and must send the purchased item together with the supporting proof of purchase. When the claim is notified, and to ensure that the Customer has a record of their complaint or claim, the
Seller will provide them with an acknowledgement on a durable medium bearing an identifying reference for the incident.

If the return or exchange is the result of a defective product, all shipping costs shall be borne by the Seller.

For all purposes, delivery of the product shall be deemed to have taken place at the time shown on the product's delivery note.

For any clarification regarding these general conditions or to make any claim relating to your purchase, the following addresses are at your disposal: info@happymami.com

CUSTOMER SERVICE

Should you have any query, you may contact our Customer Service by any of the following means:

• Sending an e-mail to the address: info@happymami.com
• Calling the telephone or contacting us via Whatsapp on +34 623537763 from Monday to Friday from 09:00 to 15:00, mainland Spanish time.

APPLICABLE LAW

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 consumer and user legislation, this Privacy Policy is subject to the judges and courts of the city of Jaén.

The COMPANY reserves the right to pursue any breach of these conditions, as well as any improper use of its website, by exercising all the civil and criminal actions to which it may be entitled in law.

COVID 19 INFORMATION

Thank you for the trust placed in Happymami. We are working intensively 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 longer than usual.