Terms and Conditions
Last Updated: 20th August 2019
Welcome! Please read the Terms & Conditions of Use (“Site Terms”) carefully before you start to use our websites, services, content, technologies and applications made available.
The Happy Pear Online Shop and The Happy Heart Academy are referred to as “Sites” from here on forward. Our Happy Pear sites are a part of Flynn & Flynn Global Trade Limited Company. Registration number: 392443.
The Happy Pear and its associates provide their services to you subject to the following conditions:
When using our shop or online courses, you supply us with your ‘personal information’ in order to purchase products, join our courses or to subscribe to receive our newsletter. We need your contact details to process these orders. Please note we take your privacy seriously so we will not pass on your contact details to any marketing companies. We also make sure your personal information is well protected. For more information read our Privacy Statement.
When you visit our online shop, subscribe to our courses or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Happy Pear’s trademarks and content may not be used in connection with any product or service that is not The Happy Pear’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Happy Pear. All other trademarks not owned by The Happy Pear or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Happy Pear or its subsidiaries.
License and Site Access
The Happy Pear grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Happy Pear. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Happy Pear. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Happy Pear and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Happy Pear’s name or trademarks without the express written consent of The Happy Pear. Any unauthorized use terminates the permission or license granted by The Happy Pear. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of The Happy Pear so long as the link does not portray The Happy Pear, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Happy Pear logo or other proprietary graphic or trademark as part of the link without express written permission.
Our “Sites” include information and instructions relating to diet, sleep, exercise and fitness, heart health and healthy recipes and some of the products and services available through our “sites” relate to such topics. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any programme that may be described and/or made accessible in or through our ‘sites’, We strongly recommend that you consult with a physician or other healthcare provider. The Happy Pear and its staff are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition. You acknowledge and agree that when participating in any diet/ programme there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results. If you experience any discomfort or pain during an activity in our content, such as a diet or exercise routine, you must immediately cease the activity and seek the assistance of a physician or other applicable Professional Care Provider.
Damage to your computer or other device
The Happy Pear uses reasonable efforts to ensure that these sites are free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of our “Sites” (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use our “Sites” safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, The Happy Pear shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the “Sites”.
The Happy Pear and its associates attempt to be as accurate as possible. However, The Happy Pear does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by The Happy Pear itself is not as described, your sole remedy is to return it in unused condition.
All product prices are displayed in Euros and are inclusive of the current rate of applicable VAT due in the country of delivery, unless expressly indicated otherwise, and do not include the additional cost of any delivery.
Cancellation and Refund Policy for Online Courses
You are entitled to a full refund within one week of your payment, in accordance with Distance Selling regulations, provided that the course has not already started.
We cannot refund fees in respect of cancellation after this time but we can facilitate a transfer to the course at a different date. We cannot offer partial refunds to students who do not finish a course.
In the event that you are unable to complete the course within the intended time period, please contact [email protected] to discuss and extension.
Refund & Return Policy for Products
By placing an order through our “Sites”, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety and you agree to be bound by them. If you do not agree to these General Terms and Conditions in their entirety, you must not order any product or service through the “Sites”.
If you are not satisfied for any reason let us know and we will issue a replacement product or a full refund. You can return an item within 7 days of receipt for a full refund of the merchandise purchase price. Please note original delivery charges are nonrefundable. Return shipping charges are the responsibility of the customer.
You can cancel an order should you think you do not require the item any longer. This must be done at the earliest possible time after the order was placed, and you have to inform us as quick as possible by email. Orders dispatched already may be returned, but we will not be responsible for the delivery or return charges. Such items must be returned in good condition, and must reach us within 48 hours of it getting to you. Your statutory rights are not affected.
By visiting our “sites”, you agree that the laws of the state of Republic of Ireland, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Happy Pear or its associates.
Please review our other policies and terms and conditions, such as our Privacy Statement or Social Media Competition Terms & Conditions, posted on this site. These policies also govern your visit to our online shop and course. We reserve the right to make changes to our “Sites”, policies, and these Terms & Conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Questions regarding our Terms & Conditions, Privacy Statement, or other policy related material can be directed to our support staff by sending us an email to [email protected].