Terms of Service
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<p>The following terms and conditions (the “Agreement”) govern all use of the MyHappyMoments.co website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by Pascal Ludwig Onlinehandel, a company incorporated under the laws of Germany, (“MyHappyMoments.co”). MyHappyMoments.co draws and prints customized pictures (“Products”) directly to customers (“Customers”). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the Site by MyHappyMoments.co. If you do not agree to this Agreement, do not use the Site.</p>
<p><strong><br> Terms and Conditions</strong></p>
<p>Here at MyHappyMoments.co we are big fans of great pictures shared across social media channels. We may request to share pictures posted by you, on Instagram or other platforms, directly in our channels. These channels may be our website hosted at MyHappyMoments.co but could also include other communication channels, such as our newsletter or social media channels (both paid and organic).</p>
<p>By commenting and responding #MyHappyMomentsCO on a picture after MyHappyMoments.co request on Instagram, hereafter referred to as “picture(s)”, you agree to the following:</p>
<p>You provide MyHappyMoments.co, a German company (hereinafter “MyHappyMoments.co”), a non-exclusive, royalty-free, worldwide license to use, in any manner to be determined in MyHappyMoments.co’ sole discretion and without any obligations to you, to use your pictures in their marketing and/or advertising, including among other things the right to reproduce, distribute, alter and edit your photos. Furthermore, you give MyHappyMoments.co your consent to use photos where you can be identified for marketing and/or advertising purposes.</p>
<p>You represent and warrant that you own or control the rights to the material you have submitted and that you have permission from any person(s) appearing in the photos. Moreover, you certify that you are an individual (i.e., not a corporation), you are at least 18 years old or have parental consent, and that MyHappyMoments.co’ use of your pictures will not violate any rights of a third party or any law.</p>
<p>Hereby, you release MyHappyMoments.co from all obligations to pay you for the use of your pictures and freeing and agreeing to keep MyHappyMoments.co and all persons acting for MyHappyMoments.co from all claims (including claims from the third party), liabilities, irrespective of nature, in connection with the use of the pictures as described above.</p>
<p>German law governs these terms and conditions, where competent courts in Germany shall have exclusive jurisdiction of any dispute arising out of them.</p>
<p>You may always reach out to us with questions about our services or regarding data protection; hello@MyHappyMoments.co.</p>
<p>If you want to withdraw consent to share your pictures with MyHappyMoments.co, you have to contact us by clicking on the “Report” button in the lower corner of the lightbox containing the caption next to your shared image published on our website. The icon will link you to the instructions on how to submit your request to withdraw your consent.</p>
<p><strong>§ 1 Customers</strong></p>
<p>1.1 The Customer certifies to MyHappyMoments.co that if Customer is an individual (i.e., not a corporation) the Customer is at least 18 years of age. The Customer also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.</p>
<p><strong>§ 2 Modifications</strong></p>
<p>2.1 MyHappyMoments.co reserves the right, at its discretion, to modify this Agreement, fees, charges, terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified.</p>
<p><strong>§ 3 Responsibility of site customers and visitors</strong></p>
<p>3.1 Violation of any articles of this Agreement or other rules will prohibit Users to use of the Site.</p>
<p>3.2 Without limiting other remedies, we may limit, suspend or terminate our Service, prohibit access to our Site, delay or remove hosted content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.</p>
<p><strong>§ 4 Payments and fees</strong></p>
<p>4.1 MyHappyMoments.co may save Member’s credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card unless the Member notifies MyHappyMoments.co through the Site. When you order a Product you will be charged then current fees, which we may change from time to time (such when we have holiday sales or offer you a discount of base product price). We may choose to temporarily change the fees for our Products.</p>
<p>4.2 By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.</p>
<p>4.3 We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.</p>
<p>4.4 Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Products. After receiving your order you will receive an e-mail from us confirming the details, description, and price for the Products ordered together with some information on your rights to return your goods.</p>
<p>4.5 Payment of the total price plus delivery must be made in full before dispatch of your Products.</p>
<p><strong>§ 5 Sales tax & Custom</strong></p>
<p>5.1 If the Customer is located outside of the territory of the European Union the Customer is responsible for paying sales tax (as applicable within each jurisdiction). MyHappyMoments.co will not be held responsible for any such sale tax. If the customer is located within the European Union sales tax is included within that price of the Product.</p>
<p>5.2 Customers outside of the European Union may be subjected to pay custom duties (as applicable within each jurisdiction). MyHappyMoments.co will not be held responsible for any such duties.</p>
<p><strong>§ 6 Shipping, returns, and right of withdrawal</strong></p>
<p>6.1 Once you have clicked on the “confirm” button, it is not possible to edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please contact us as soon as possible. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member’s account for Products claimed as damaged or not received are subject to MyHappyMoments.co investigation and discretion.</p>
<p>6.2 MyHappyMoments.co will review the replacement of Products or refund requests within 14 days of placed order. If a Product is missing, damaged or subject to print error, MyHappyMoments.co will replace the erroneous Product with a new Product. To issue a refund process based on the aforementioned reasons, contact support@MyHappyMoments.co.com. Refund requests will be processed within five (5) working days. For the sake of clarity, MyHappyMoments.co is not responsible for situations when the Customer has provided incorrect information, such as wrong Customer name or address. In such cases, an extra payment will be applied.</p>
<p>6.3 Due to the individualization of the Product there is no right of withdrawal for the Product after placed order.</p>
<p><strong>§ 7 Description of products</strong></p>
<p>7.1 Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible.</p>
<p>7.2 We have a policy of continuous Product development so we can provide you with what we consider the best design combined with the best performance, and thus reserve the right to amend the specifications of Products, their price, and packaging without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.</p>
<p>7.3 We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the Product.</p>
<p><strong>§ 8 Purchase of Products</strong></p>
<p>8.1 Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Product on the same order which we have not confirmed in an order confirmation e-mail does not form part of that contract.</p>
<p>8.2 MyHappyMoments.co shall under no circumstances be held liable for any special losses due to specific circumstances of the User and/or Customer, indirect or consequential losses or wasted expenditure.</p>
<p>8.3 Orders are placed and received exclusively via the Site. Before ordering from us, it is the Customer’s responsibility to check and determine the full ability to receive the Products. Correct Customer’s address and postcode/zip code, User’s up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of Products.</p>
<p>8.4 All information asked on the checkout page must be filled in precisely and accurately. MyHappyMoments.co will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify a change in a phone number or any other special requirements, please contact MyHappyMoments.co.</p>
<p><strong>§ 9 Delivery</strong></p>
<p>9.1 MyHappyMoments.co deliver to Users/Customers to most places in the world. Customer is responsible for delivery prices. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Standard delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.</p>
<p>9.2 MyHappyMoments.co cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Standard delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all the changes. We try our best to make delivery of Product as simple as possible.</p>
<p>Ownership of the Products will only pass to Customers when we receive full payment of all sums due in respect of the Products, including delivery charges.</p>
<p><strong>§ 10 Release</strong></p>
<p>10.1 You release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that MyHappyMoments.co has no control over and does not guarantee the delivery of the advertised collaborations and that MyHappyMoments.co shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.</p>
<p><strong>§ 11 Personal data and cookies</strong></p>
<p>11.1 By approving the Agreement the Customer accepts the use of cookies on the Site. Furthermore, the Customer accepts that MyHappyMoments.co will store and use relevant personal data about the Customer in order to deliver the Product.</p>
<p><strong>§ 12 Indemnity</strong></p>
<p>12.1 You will indemnify and hold MyHappyMoments.co (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.</p>
<p><strong>§ 13 Law and Jurisdiction.</strong></p>
<p>13.1 If a dispute arises between you and MyHappyMoments.co, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.</p>
<p>13.2 Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in Germany.</p>
<p>13.3 Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Germany.</p>
<p><strong>§ 14 General</strong></p>
<p>14.1 No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.</p>
<p>14.2 You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.</p>
<p>14.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.</p>
<p>Germany, January 20th 2023</p>