Terms and Conditions

Terms of Use


This page sets out the terms for the use of the Happy Deals Site and the Services we offer.

You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us(Happy Deals). You are agreeing to the terms of use that appear below, all of which are called the "Agreement". We are Happy Deals (PTY) Ltd and we are the operator of this Site, and provider of a range of services related to the Site. We are a registered company in South Africa. Our office is at A5 Avant-Garde Ave, Northlands Deco Park, North Riding, Randburg , Johannesburg, 2188.

Our company registration number is 2014/101015/07. We refer to ourselves as "HappyDeals", "we", "us" or "our" in this document, and we refer to us and any other companies, including our affiliates, parents and subsidiaries, as the "HappyDeals".


We are an online and offline store, we offer a wide range of products and have deals that are easy on the pocket. We also provide a platform to our local sellers/merchants. As a platform provider, we help facilitate transactions for Items on our platform. We are also a Seller and  we provide a venue for Sellers and you to negotiate and complete transactions. This means that in addition to this Agreement, you may have other contractual relationships with different legal entities when you interact with the Happy Deals Site.


Registration


-Only registered users may order Goods on the Website.( Depending on the functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access much of our Services. However, you must Register to make a purchase.
 
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-To Register you need to supply us with your name, postcode, email address, and possibly some other personal information.

-During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

-For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access

-All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else's email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.

-By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

-You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Happy Deals.(pty)ltd representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).


-You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

-You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Happy Deals representative.


Emails

-Happy Deals may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you've made.

(You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)


Happy Deals collects and uses Users personal information for the following purposes:

 

·        To personalize user experience

We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

 

·  To improve our Site

We continually strive to improve our website offerings based on the information and feedback we receive from you.

·  To improve customer service

Your information helps us to more effectively respond to your customer service requests and support needs.

 

·  To process transactions

We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

 

· To administer a content, promotion, survey or other Site feature

To send Users information they agreed to receive about topics we think will be of interest to them.

 

·        To send periodic emails

The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

-We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.


Privacy Policy


-We are not in the business of selling or renting personal data. When we process your personal data we may pass or share your personal data with third parties, as may be necessary from time to time:

*With affiliated and unaffiliated technical and organisational service providers relevant to our business.


*To third parties to report or collect on debts owed to us or our suppliers or other business partners.


*To third parties in order for us to perform contractual obligations toward you, combat fraud or criminal activity, or as part of legal proceedings affecting us.


*To law enforcement officers or other government officials, to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions.

*To third parties to report or collect on debts owed to us or our suppliers or other business partners.


*To third parties in order for us to perform contractual obligations toward you, combat fraud or criminal activity, or as part of legal proceedings affecting us.


*To law enforcement officers or other government officials, to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions.

Please note that it is likely some recipients of your data may be located outside of South Africa, in countries with an inadequate level of data protection. You recognize and understand that when you purchase a product, we may pass your personal information to a service provider or business partner who supports delivery of your product to you and that this service provider or business partner may be located (or process your personal data) outside of South Africa.


-We process data mainly in electronic form in line with the Applicable Privacy Practices security requirements; Happy Deals has implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard your personal data, including industry-standard encryption technology.

-We will retain your personal data for as long as necessary to perform our contractual obligations to you and as required by applicable law. Should you wish to know more about the personal data we have about you, you can exercise your rights of access at any time. Should you wish to do so, please email us at info@happydeals.co.za You may also write to us at: Happy Deals(pty)ltd, A5 Avant-Garde avenuer, Phase 2 Northlands Deco Park,North Riding, Randburg, Gauteng, 2188.

Please note that while we are ready to assist you, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases for financial reporting and compliance reasons.




Intellectual property


-Happy Deals grants you a limited, personal, non-transferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by Happy Deals. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Site and Services, materials, information and content on the Site or accessed as part of the Services, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.

-Happy Deals logos and variations thereof found on the Site are trademarks owned by the Happy Deals and all use of these marks inures to the benefit of the Happy Deals. Other marks on the site not owned by the Happy Deals may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Happy Deals unless otherwise stated, or may be the property of their respective owners. You may not use the Happy Deals names, logos, trademarks or brands without the Happy Deals express permission.


-Title, ownership rights and intellectual property rights in and to the content accessed using the Site and Services is the property of the applicable content owner or Merchant and may be protected by applicable copyright, trademark or other law. This Agreement gives you no rights to such content except for the licenses granted herein.



Closing of sales and availability of stock


- Registered users may place orders for Goods, which Happy Deals or the Third Party Seller may accept or reject. Whether or not Happy Deals or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Happy Deals for the Goods.

-NOTE: Happy Deals/ Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Happy Deals/ Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Happy Deals stating that your order or payment has been confirmed. Happy Deals will indicate the rejection of your order (by Happy Deals itself / Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.


-Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

- You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Happy Deals, Happy Deals will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Happy Deals will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 


-In the case of Goods for sale by a Third      Party Seller Happy Deals relies on      inventory information supplied by the relevant Third Party Seller and Happy      Deals accordingly bears no liability for any inaccuracies in the      information supplied to it. Consequently, should you order any      Goods from a Third Party Seller which are in fact sold-out, any resulting      dispute, Happy Deals will liaise with the Third Party Seller on your behalf.


- Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID when placing an order. If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, we will not dispatch your order and may be forced to refund you

-All products/goods are sold with manufacturer’s warranty only. Happy Deals accepts no liability whatsoever for claims of this nature.



Returns/Exchanges/Refunds


We want you to have a seamless shopping experience, and be happy with your purchased items. If you are not completely satisfied, you can return the product to us and we will either replace it, or credit your account, subject to the below terms. This Policy applies to products bought from Happy Deals itself and from Third Party Sellers.


Returning unwanted or defective goods

Unwanted products must be returned unused and in good condition. You must take care to ensure that the product is properly packaged so that it will not be damaged while in transit. If the product is found to be used beyond what it takes for you to reasonably inspect it or damaged, then we may reject a refund.


Returning unwanted products: You have seven calendar days starting the day you receive the product to cancel your contract unless the product does not have cancellation rights. Please return the product as soon as possible following the cancellation of your contract. The product must be sent to us within 30 calendar working days from your notice to us of your cancellation. You are responsible for the return shipping costs of the product when you cancel your contract.



 Defective, faulty or non-conforming products: We encourage you to inspect each product carefully upon receipt. If a product has a defect or fault existing at the time of delivery or otherwise does not conform to your order, you have a statutory right to return the product. We strongly encourage you to get in touch with our customer service as soon as you become aware of any problems. If you return a `defective, faulty or non-conforming product to us, the product will be inspected at our warehouse. If a defect or fault is found or the product does not match your order, we will be happy to provide a full refund, in accordance with applicable law. Products that have been misused or changed may not be eligible for returns. If you are eligible for a refund, such refund will be processed within 30 calendar days of our receipt of the product (or, if applicable, the date you provide us proof of shipment of the product to us. All consumers are advised to use post office to return the items, Failure to do so may result in you being refunded a standard postage fee. A refund for postage will be issued to customer).


Exchanges


Fashion and sportswear products can be exchanged for a different size or colour variation, provided that such variation is available. If such variation is not available, we will credit your account with the purchase price of the product within 15 days of receiving the return (or refund you if that is your preference).


We are entitled to inspect the product to validate your return.(Inspection may take up to 5 working days)


Wrong Item delivered

If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, Please see our Returns guideline. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).


Damaged product delivered

Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by logging a return on the Website.

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice replace the product as soon as possible if we have the same product in stock to use as a replacement or credit your account with the purchase price of the product (or refund you if that is your preference).


Returns Guide


To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

·package your products safely and securely for protection during transit;

· clearly mark your return reference number on the outside of the parcel; and

· include all accessories and parts that were sold with the product.


Baby Products

All baby items need to be returned in original and new condition. If, upon inspection, the items appear to be used, worn or without tags, we will not be able to process your return. ?

Mattresses & Bedding

For hygiene reasons, we cannot accept returns on any opened mattresses or bedding. Bedding items include duvets, pillows, mattress toppers, etc.

Jewellery

We cannot accept returns on any pierced body jewellery such as earrings for hygiene reasons.

Food, Beverages and flowers

We do not accept returns on perishable items such as food, beverages and flowers.

Clothing & Shoes

Clothes must be returned unused and in a resalable condition with all tags.  If upon inspection, clothes appear to be worn or without tags, we cannot accept returns.

Swimwear, underwear, socks  and intimate's

We do not accept returns on opened items and certain types of clothing such as underwear, swimwear, and control wear (eg. corsets, waist trainers, etc.) for hygiene reasons.

Health and Beauty

We do not accept any returns on health and beauty products due to hygiene purposes.

Furniture - Outdoor & Indoor

We are unable to accept returns on any self-assembly products that have been partially or fully assembled. We try to provide accurate measurements on our deal page and we are unable to accept returns.

CDs & DVDs

We cannot accept returns on CDs, DVDs or Software programmes if the plastic wrapping and/or security seal have been broken or of any digital downloads.

Electronics

In order to protect your privacy and other interests in data, please delete all data on returned electronics and reset the products to factory settings. We are not responsible for any data contained on returned items. Also, we cannot accept any returns that have been inserted into your body, specifically earphones.

Adult Toys

We do not accept any returns on adult toys due to hygiene and safety reasons. 

Note:Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether. We reserve the right to refuse returns or to charge you our fees and expenses.

 

Note: This only applies to items sold and fulfilled by our marketplace merchants. This Returns Policy only applies in respect of products purchased from Happy Deals.

Please take note of the following: As described in the Terms of Sale and in accordance with the ECT CPA Act, you have up to 7 working days, starting the day after you receive your product to cancel and return your order in the original packaging, unless the fine print of the deal states the product cannot be returned. In accordance with the ECT CPA Act Section 16 provisions, you have the following rights of returns as a consumer that applies to your transactions.


Deliveries


  • -All deliveries are made nationally and internationally, within South Africa and Southern Africa.
  • -Items are dispatched within 2-3 days after online purchase and are delivered within 3 – 5 working days(1 month for international delivery ).
  • -Delivery times are between 8 am and 5 pm from Monday to Friday.
  • -Delivery will be attempted once before returning to Happy Deals. All Re-delivery addresses, not available, no one home will be charged the same amount requested for shipping fee again.


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