1) WHO WE ARE
Happy Hop Sdn Bhd (Company No. 1200651X) is a company incorporated under the laws of Malaysia with its main office and principal place of business at No. 6, Jalan Haji Abdul Karim 26/KS2, Taman Klang Ria, 41000 Klang, Selangor Darul Ehsan (“Happy Hop”). Happy Hop is the sole and exclusive distributor of SWIFTECH INTERNATIONAL LIMITED’s Home Use Inflatable Bouncers under trademark “Happy Hop” (“Product”).
2) DEFINITIONS / INTERPRETATIONS
All definitions / abbreviations in the Terms and Conditions herein shall have the following assigned meaning:
- “Account” – the Happy Hop Account to register for on the Site if you would like to submit an Order on the Site;
- “Business Day” means any day on which banks in Malaysia open for business;
- “Customer” means any individual who places an Order on the Site;
- “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions in accordance with clause 10 below;
- “Order” means the Order submitted by you to the Site to purchase a Product from us;
- “Order Confirmation” means the order confirmation issued by e-mail to the e-mail registered by you with Happy Hop once your order is placed;
- “Product” means the SWIFTECH INTERNATIONAL LIMITED’s Home Use Inflatable Bouncers under trademark “Happy Hop” wherein there is a 6 months warranty only on the blower;
- “Site” means Happy Hop’s website currently at www.happyhop.com.my;
- “You” means the Customer who places an Order;
- The headings in this Agreement are for convenience only and shall not affect their interpretation.
- Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- Words importing the masculine gender shall be deemed to include the feminine and neuter genders and words importing the singular number shall include the plural and vice versa.
- You must be at least eighteen (18) years of age to place an Order. In the event you are under eighteen (18) years of age, you may place an Order but with the consent of your parent or guardian.
- By placing an Order, you warrant that you are at least eighteen (18) years of age or you have obtained the consent of your parent or guardian as the case may be.
You shall not in any way whatsoever or howsoever misuse or abuse the Site. Such acts or omissions shall include but is not limited to utilising the Site for criminal purposes, installing or transmitting viruses and infringing the rights of other Customers or users of the Site.
5) ENTIRE AGREEMENT
- The Terms and Conditions herein shall be applicable to all Orders and Contracts and constitute the entire agreement between you and Happy Hop.
- By placing Orders and entering into Contracts with Happy Hop, you acknowledge and warrant that you have not relied on any representation, undertaking or promise by Happy Hop.
You shall register with Happy Hop by creating an Account on the Site. You shall submit accurate and true information. The onus is upon you to keep your information updated by informing Happy Hop of any changes as prescribed in the Site.
7) PRICING OF PRODUCTS
Products shown on the Site are inclusive of GST and are in Malaysian Ringgit. Prices will defer between Peninsular Malaysia and Sabah & Sarawak. The total amount payable shall be listed in the ‘Final Total’ column on the Site. There will be no delivery charges.
8) ERROR IN PRICING OF PRODUCTS
- Happy Hop shall take all reasonable efforts to ensure that the prices of Products on the Site are accurate. However, in the event an error arises in respect of the price of the Product ordered by you, Happy Hop shall inform you, utilising the contact details provided by you, of this as soon as possible wherein you shall have the option of either reconfirming your Order at the correct price or cancelling it.
- Happy Hop is not under any obligation to fulfil your Order in the event the price listed on the Site is incorrect.
- If we are unable to contact you, utilising the contact details provided by you, Happy Hop shall treat the Order as cancelled.
- In the event of cancellation, you will receive a full refund if Happy Hop has not shipped the Product(s) to you.
- Upon receiving your Order(s), you will be asked to complete requisite fields for payment of the Product(s).
- Thereafter, we will request for a pre-authorisation on your credit / debit card to ensure sufficient funds are available.
- Your card will be debited upon Happy Hop issuing the Order Confirmation to you.
- Happy Hop shall not be held liable for any delay or non-delivery of Product(s) as a result of any misinformation provided by you or any issue or dispute that you have with the financial institution that issued the credit / debit card to you which is used for the purchase of the Product(s).
- Happy Hop has at its sole discretion to provide a discount for bulk purchases to purchasers who write to email@example.com
- In the event you have a promotional code, you are to key in the said promotional code where required before payment in order for you to be entitled to benefit from the said promotional code.
- All information contained herein as well as in the Site shall constitute a mere invitation to treat.
- To submit an Order, you will be required to follow the online shopping process on the Site.
- Thereafter, you will then receive an Order Confirmation which serves only as an acknowledgement of your Order.
- A Contract between you and Happy Hop is formed only upon the delivery of the Product(s) to you at the address stipulated by you wherein the Contract shall only be in relation to the said Product(s).
11) CANCELLATION / MISTAKE ON ORDER
- In the event a mistake is made by you in making an Order, you are to contact Happy Hop immediately at firstname.lastname@example.org. You are not entitled to make any changes in the event the Product(s) has been shipped out. For the avoidance of doubt, orders cannot be cancelled once it is confirmed.
- Happy Hop will take all reasonable steps to rectify the mistake. However, in the event Happy Hop is unable to do so, Happy Hop shall not be held responsible or accountable.
- If the Product(s) have been placed in the system to be delivered, the said Order cannot be cancelled. However, the Product(s) may be returned in accordance with clause 14 below (clause on return policy).
12) SOLE DISCRETION
- Happy Hop has the right and at its sole discretion to do the following and without assigning any reasons:
- Withdraw any Products from the Site at any time and/or remove or edit any materials or content on this Site;
- Refuse to process any Order(s) at any time. However, in such an event, any payment made by you for the Order(s) shall be refunded to you.
- Once you receive the Order Confirmation from Happy Hop, delivery of the Product(s) to the location stipulated by you shall take place within 3 to 4 working days (if the place of delivery is in Peninsular Malaysia) or 7 to 8 working days (if the place of delivery is in Sabah or Sarawak).
- Delivery of the Product(s) shall be in Happy Hop’s standard packing.
- Delivery of the Product(s) shall be undertaken by City Link Express (“the Delivery Party”).
- Happy Hop shall not be liable or responsible arising from any delay or non-delivery of the Product(s) ordered arising from any failure, neglect and/or refusal whatsoever and howsoever by the Delivery Party.
- If the delay or non-delivery of the Product(s) ordered is due to your failure, neglect and/or refusal to accept the Product(s) ordered, Happy Hop shall not be held liable or responsible for such purported delay or non-delivery. Happy Hop reserves all rights to pursue or impose charges arising from such actions on your part and in any event, shall retain all payments made by you.
- In the event the details of the location for delivery as provided by you is not clear or incomplete, Happy Hop shall contact you at the contact details provided by you either to arrange for the cancellation of your Order(s) or for an alternative delivery address.
14) RETURN POLICY
- Upon receiving the Product(s) ordered, you may return the Product(s) order within fourteen (14) days of receipt only upon the following conditions:
- That the Product(s) ordered has been damaged which are limited to tear(s) and/or stitches in the Product(s) which is apparent upon the delivery of the Product(s) and not caused by you;
- The tags and packaging of the Product(s) ordered are not damaged and/or tampered; and
- Pictures of the damaged Product(s).
- For the avoidance of doubt, you shall ensure that the Product(s) received is returned to Happy Hop in the same condition as it was delivered to you.
- Happy Hop shall not be liable for damage to Product(s) received by you arising from the acts or omissions of the Delivery Party and/or your acts or omissions upon receiving the Product(s).
- Happy Hop reserves the right to not accept the Product(s) returned to us in the event of non-compliance with clauses 14.a(i), 14.a(ii) and 14.a(iii) above.
- In the event Happy Hop accepts the Product(s) returned, Happy Hop will refund to you via credit into your account registered with Happy Hop.
15) DISATISFACTORY PRODUCTS
- Images of the Product(s) on the Site may differ slightly from the actual Product(s) received by you.
- The description of the Products on the Site is on a ‘as is where is’ basis. There are no express or implied warranties attached thereto.
- In the event you are dissatisfied with the Product(s) received, kindly contact email@example.com.
- The return policy of Product(s) is stipulated in clause 14 above.
- Happy Hop does not warrant or guarantee on the accuracy of the contents in the Site.
- Unless expressly stated to the contrary and to the fullest extent permitted by law, Happy Hop shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute or at common law.
- The information under the headings of Key Information for Users, Set-Up, Take Down, Maintenance, Repair and Warning concerning the Product(s) are contained in the manual enclosed with every Product(s) purchased and you shall be responsible for adhering and compliance of the same and shall not hold Happy Hop liable whether directly or indirectly.
- Unless expressly stated to the contrary and to the fullest extent permitted by law, Happy Hop shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance of the Product(s), irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute or at common law.
- You hereby agree and undertake to indemnify, defend and hold harmless Happy Hop which includes but is not limited to its directors, officers, employees, agents, servants, and entities or individuals related and/or linked to Happy Hop from any or all claims, liability, damages and/or costs from all third parties which is attributed whether directly or indirectly as a result of your usage of the Site and/or your breach of the terms and conditions herein.
- You hereby agree and undertake to indemnify, defend and hold harmless Happy Hop which includes but is not limited to its directors, officers, employees, agents, servants, and entities or individuals related and/or linked to Happy Hop from any or all claims, liability, damages and/or costs from all third parties which is attributed whether directly or indirectly as a result of your usage of the Product(s).
18) PERSONAL DATA PRIVACY
19) FORCE MAJEURE
Happy Hop shall be excused from performing its obligations herein if non-performance is due to Force Majeure i.e. cause by fire, explosion, acts of God, strikes, curfews, acts of war, terrorism or restricted operations imposed by any laws, regulations or guidelines by the relevant authorities or by other causes which is beyond reasonable control of Happy Hop.
All notices issued either by you or Happy Hop shall be in writing and addressed to that other party which shall be deemed given upon three (3) days immediately following the date of posting or immediately if sent by facsimile or e-mail to the other party, at Happy Hop’s address at No. 6, Jalan Haji Abdul Karim 26/KS2, Taman Klang Ria, 41000 Klang, Selangor Darul Ehsan or at your address registered with Happy Hop, as the case may be.
21) INTELLECTUAL PROPERTY
- All content included in or made available through the Site, is the property of Happy Hop or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by Happy Hop and its licensors. Save and except for your own personal use, you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on Site nor may you use any such content in connection with any business or commercial enterprise.
- Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of Happy Hop in Malaysia and/or that of the manufacturer of the Product(s). Happy Hop’s trademarks may not be used in connection with any product or service that is not provided by Happy Hop, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Happy Hop. All other trademarks not owned by Happy Hop that appear on the Site are the property of their respective owners.
- Happy Hop’s status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
- You shall not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event Happy Hop becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
- If you print, copy or download any part of the Site in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Happy Hop or its licensors.
22) LINKS TO THE SITE
- You may link to the Site provided you do so in a way that is legal and is not likely to damage Happy Hop’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- Happy Hop reserves the right to withdraw linking permission without giving any notice to you.
No failure or delay by Happy Hop in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any term or provision of the Terms and Conditions shall be held to be illegal or unenforceable, in whole or in part, under any enactment, legislation rule of law, or court order, such term of provision or part shall to the extent that it has been held to be illegal or unenforceable, be severed and deemed not to form part of the Terms and Conditions but the validity and enforceability of the remainder of the Terms and Conditions herein shall remain unaffected and unopened.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or the Contract.
Nothing in these Terms and Conditions or the Contract shall create or shall cause to create a partnership, an agency or a relationship of employer and employee between you and Happy Hop.
27) GOVERNING LAW
The Terms and Conditions herein and the Contract shall be governed by and construed, solely and exclusively, in accordance with the laws of Malaysia. All disputes with respect to the Terms and Conditions herein and the Contract shall be resolved in the courts of Malaysia.
Happy Hop reserves the right to amend the Terms and Conditions herein at any time without notice to you. Any variation and/or amendment to the Terms and Conditions herein shall be placed online. Continued use of the Site shall constitute acceptance of the varied and/or amended Terms and Conditions.