GENERAL

In the event that any provision contained in these Terms and Condition is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms of Condition will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and HAPPYEXPRESS as a result of these Terms and Condition or your use of the Website.

Waiver: The waiver by HAPPYEXPRESS of one breach or default under these Terms of Use shall not constitute the waiver of any subsequent or other breach or default. Further, failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other or same right on any later occasion.

Entire Agreement: These Terms and Condition, together with Terms of Use, return/refund policy, privacy policy, substitution policy, and other rules and policies posted on the Website, which are hereby incorporated as if set forth fully in these Terms and condition, constitute the entire agreement between you and HAPPYEXPRESS with respect to your use of material available on the Website, and supersedes all prior or contemporaneous communications and proposals between you and HAPPYEXPRESS with respect to this Website. Any right not expressly granted in these Terms of Use are reserved.

No Assignment: These Terms and Conditions shall be personal to every user and you shall not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without HAPPYEXPRESS’s prior written consent. HAPPYEXPRESS reserves the right to assign or transfer all or any of its rights and obligations under these Terms and Conditions to any of its affiliates or any other third party, without notice to you.

Up-dations/Modifications: You agree to be bound by these Terms and Condition, which may be updated or modified from time to time without any notice to you. Any changes or modifications become part of these Terms and Condition and shall apply immediately. By continuing to use this Website after such modifications or changes to the Terms and Conditions, you shall be deemed to give your acceptance of such modifications or changes. You may, at the sole discretion of the Company, be required to re-accept a substantially revised Terms and Condition to continue access to or use of the services provided through the Website. To have a great experience with us we will advise you to check these Terms and Condition, every time, you decided to make any transaction on the Website.

Governing Law and Dispute Resolution: The Terms and Condition shall be governed by and construed in accordance with the laws of India. Any and all disputes arising from the Terms and Condition will be subject to arbitration to be conducted by an independent sole arbitrator. Either party can approach to the Court having the competent jurisdiction for the appointment of the arbitrator. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration shall be at Hyderabad and the arbitration proceedings shall be conducted in English language. Subject to arbitration, the jurisdictional courts of Hyderabad shall be entitled to grant interim relief/injunction.

Losses: HAPPYEXPRESS will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable by either you or us when you commenced using the Website.

Any rights not expressly granted herein are reserved.

Termination of Registrations:

These Terms and Conditions will remain in full force and effect while you are a user of this Website. Your registration on this Website may be terminated at any time at the sole option and discretion of HAPPYEXPRESS or if you are found to be in breach of these Terms and Conditions or if, in the reasonable opinion of HAPPYEXPRESS, you are guilty of conduct which is detrimental to the reputation of HAPPYEXPRESS.

Seller

HAPPYEXPRESS is selling the products on the Website which include third party products and sellers. HAPPYEXPRESS has legal authority to sell such third party products and allow sellers to the users via the Website.

Happy Express Ecommerce Private Limited is a listed seller on the Website for its owned branded products. HAPPYEXPRESS is only a facilitator for the products sold by Happy Express Ecommerce Private Limited or other sellers. HAPPYEXPRESS is providing its support to Happy Express Ecommerce Private Limited or other sellers, associated with sales through the Website. For the products sold by Happy Express Ecommerce Private Limited, it shall solely be responsible to the user with respect to product quality, warranty, accuracy, on-time deliveries and respective complaints. For the products sold by other sellers, Sellers shall solely be responsible to the user with respect to product quality, warranty, accuracy, on-time deliveries and respective complaints. Happy Express Ecommerce Private Limited shall be bound to these Terms and Conditions mentioned hereunder, to the extent related to the sales of its products through the Website.

Products

All products listed on the Website, their descriptions, and their prices are subject to change from time to time. HAPPYEXPRESS and/or Happy Express Ecommerce Private Limited reserve the right, at any time, to modify, suspend, or discontinue the sale of their respective products or services with or without notice.

We put every effort to ensure, that our Website contains correct information. However, HAPPYEXPRESS makes no warranty as to the accuracy, comprehensiveness and correctness of products and information on Website. Purchase of a product on the Website is subject to availability of stock.

We strive to offer you best possible rates of the product but HAPPYEXPRESS does not guarantee that these prices will be minimum in the region or country or in comparison to other players of the industry. HAPPYEXPRESS reserves the right to change or update the price and/or other details of the product on the Website, at its discretion, without any notice to you. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, error in pricing or information received from HAPPYEXPRESS’s suppliers, HAPPYEXPRESS shall have the right, post the acceptance of any order, to decline or cancel any such order, whether or not the order has been confirmed and/or you have been charged for such product or service. If you have already been charged for the order and HAPPYEXPRESS cancels your order, the amount will be refunded.

On booking for decoration or instrumental play, you agree to allow HAPPYEXPRESS’s associates to visit your place for the performance of services, in pursuance to your order. Post booking and payment, our representative will contact you to re-check the time to visit you for such performance and make his/their arrangements accordingly. Such activities may be performed by our third party service provider and we are facilitating their services for your convenience only. We always try to give you safe and secure environment while performance of services but we expect you to maintain your privacy and apply your diligence while availing the services. You are requested to check the identity of service personnel and may counter check with HAPPYEXPRESS’s representative. We suggest you to be present at the place of performance for all time. We will not be responsible for any missing item at your place. For any grievance or deficiency in service you can contact us immediately. Any grievance on these services post 2 hours of performance will not be acceptable. For the performance at any hotel, you need to take permission from the concerned hotel. We shall not be responsible for cancellation of services and refund if you cannot take this permission from the hotel in a timely manner.

The product specifications (weight, size, colour etc.) mentioned with the product photos displayed are only approximate. There may be a slight variation in the pictures and the respective actual products.

There may be slight variation in the flower arrangements as compared to the pictures displayed on the Website as the flower arrangements are hand-made and occasionally, substitution of flowers is necessary due to temporary and/or regional unavailability issues.

Every cake we offer is handcrafted and since each chef has his/her own way of baking and designing a cake, there might be slight variation in the product in terms of design and shape. Occasionally, substitution of flavours/designs is necessary due to temporary and/or regional unavailability issues.

In such cases, our experienced team will ensure we deliver the product as close as possible to the description/photograph shown and will only substitute with items of equal or higher value.

The message on the complimentary message card, which is provided by HAPPYEXPRESS , can either be printed or hand written, depending upon where the delivery is scheduled for.

We request you to check and follow our care guide, available on the Website, to take care of your cakes, plants and flowers delivered by us.

Warranty

Products can only be returned if they are under warranty period subject to warranty terms, available under product information on the Website. Warranty, against manufacturing defects for the products exists for all orders placed through the Website.

Warranty can be availed only against manufacturing defects and it cannot be claimed for defects due to mishandling of the products or normal wear and tear.