Terms & Conditions

Welcome to HappyBra!

The brand HappyBra®, which is owned by Cool Sisters Apparel LLP, is the Company mentioned throughout this Agreement. Whenever we refer to 'the Company', 'We', 'Us', or 'Our', we are talking about Happy Bra, registered address House no. 5, Bhandup West, Mumbai, Maharashtra 400078. The HappyBra Platform helps users buy Women's Intimate Wear such as bras, panties, shapewear, activewear, sleepwear, and other related products.

When you use the HappyBra Platform, you are agreeing to the Terms. It is important to understand and comply with them so that you can enjoy the benefits of our service. Please read through the Terms carefully and feel free to contact us if you have any questions. We're excited to have you as a user and look forward to providing you with a comfortable and happy shoping experience with our product. If you don't accept the Terms, don't use HappyBra Platform. If there is anything that you are unclear about in regards to our terms and conditions, please don't hesitate to reach out to our customer support team at help@myhappybra.com. We are more than happy to assist you and provide further clarification to ensure that you have a seamless and enjoyable shopping experience with us. Please note that while using our Services or Products, you may need to comply with Additional Terms, which are separate from these terms and may be provided by us or our affiliates.These Additional Terms include policies and guidelines that will also govern your use of our Products. Make sure to carefully read and understand all terms and conditions before proceeding with any action on our platforms. If there is any disagreement between these Terms and any Additional Terms, the Additional Terms will have priority over the affected Services or Product use. any transactions or dealings that take place therein.

For the purposes of these (a) "HappyBra Platform" refers to our website www.happybra.in and corresponding mobile application, where you can access our Services. (b) “Products” shall mean, Women’s Intimate Wear including Bras, Panties, Sleepwear, Activewear, Shapewear, and other products offered for sale to you on the HappyBra Platform; and (c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

 

These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the HappyBra Platform and for purchase of Products thereof.

PART A – TERMS AND CONDITIONS FOR USAGE OF HAPPYBRA PLATFORM

• 1. GENERAL

  • These are the Terms of Use for using the HappyBra Platform. It allows you to buy Products at indicated prices from locations that we service. We may change these Terms of Use from time to time. Before using the HappyBra Platform, make sure to review these Terms of Use to ensure you fully understand the current terms and conditions. We may change or suspend the HappyBra Platform's format and content for support, maintenance, updating the content, or any other reason, at any time.

  • By accessing and using the HappyBra Platform, you agree to follow these Terms of Use, the Privacy policy, and any other applicable policies or guidelines that may be updated occasionally. Together, these form an Agreement that you must abide by.

  • This is an electronic record under the Information Technology Act, 2000. It also follows the rules made under the Act and the amended provisions regarding electronic records in other statutes. The electronic record is generated by a computer system and does not require any physical or digital signatures.

  • You are authorized to use the HappyBra Platform exclusively for the purpose of identifying, purchasing, and managing returns and refunds of Products, in accordance with our Return and Refund Policy. We grant you a limited, but revocable permission to use our platform.

  • By agreeing to this Agreement, you confirm that you're 18 years old or older and have the ability to enter into and comply with this Agreement. If you are under 18 years old, we assume that your parent or legal guardian is supervising your use of the HappyBra Platform. They must also agree to the terms of this Agreement, which includes buying Products for you. If we learn that a user under 18 is using HappyBra unsupervised, we can deactivate their account without warning. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

• 2. REGISTRATION OF YOUR ACCOUNT

  • To be able to buy any products or use the services offered on the HappyBra Platform, registering on the platform is mandatory. To register, you need to successfully verify your mobile number with a one-time password. After filling out the necessary forms and providing the requested information, you will receive a confirmation email from us. Only then will you be able to access and utilize our services.

  • Only you are allowed to use the account you created. You need to protect your HappyBra Platform account login details and control access to your devices to prevent others from using your account without your permission. You are solely accountable for the security of your account and must take all necessary measures to keep it secure. You will be held fully responsible for all the activities carried out using your account.

  • Please inform us immediately if you notice any unauthorized use of your account or any security breach. Also, be sure to log out of your account after each session. We are not responsible for any losses or damages that result from your failure to follow these Terms of Use. This includes our employees, agents, directors, and officers. If you use someone else's account without their permission, you'll be responsible for any damages suffered by them or by us. We can deny entry to the HappyBra Platform, cancel accounts, or modify content without giving prior notice to you.

• 3. COMMUNICATION AND UN-SUBSCRIPTION

  • By agreeing to our Terms of Use, you also give consent to receive text messages that contain news, updates, offers, and campaign information at the phone number you provided. By using HappyBra, you agree to receive communications from us or our authorized representatives via call, SMS, email, or other digital methods about any new services or offerings, even if your contact number is on the DND/NCPR list.

  • To stop getting promotional messages, newsletters, or notifications from us, you can unsubscribe at any time by following the instructions in those messages.

• 4. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

  • We make sure that all the Information provided on the HappyBra Platform is accurate, including details about the Products, Services, and other offerings available here. We double-check everything before we post it to ensure accuracy. Please note that we cannot provide a guarantee regarding the accuracy of the information. We make no representations or warranties as to the completeness or accuracy of Information.

  • You should decide if the information provided fits your needs and is appropriate before using it or making any decisions based on it. Please note that no information available on the HappyBra Platform should be considered as an offer to invest in us or any of our affiliates. Using the HappyBra Platform or the information provided is your responsibility and can involve risks. Therefore, be cautious when using this service. We and our affiliates are not responsible for any damage or loss caused by accessing, using, or relying on this website, the information provided here or any third-party website linked to HappyBra. We are not accountable for any information on third-party websites and cannot confirm if the content is accurate. If you choose to click on links from third-party platforms, you are taking a risk and will be responsible for any costs that may arise.

  • To help users find the products they are looking for, we use various visual aids on the HappyBra Platform, such as graphics, illustrations, photographs, videos, charts, screenshots, and infographics. These visual representations make it easier for our users to identify and choose the products they want. Although we do our best to make sure our product descriptions and pictures are correct, we can't promise that they're completely accurate. Please keep in mind that the product you receive may differ slightly from what you see or read. The appearance of the Product when delivered may vary for various reasons.

  • Please note that we do not endorse the use of any product, process, equipment, or formula that may infringe upon any patents or legal rights. We are not responsible for any legal violations that may occur when using a product, process, equipment, or formula. It is essential to conduct thorough research to ensure that any usage is within the limits of the law. We cannot guarantee, either expressly or implicitly, that such usage would not infringe on any existing patent or legal rights.

  • We cannot warranty or guarantee anything and make no promises or commitments:

    • in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on HappyBra Platform;

    • 4.5.2 that the Services will be made available at all times; and

    • HappyBra platform cannot guarantee uninterrupted operation or that any defects will be fixed. It also cannot guarantee that its servers and the content provided will be free of viruses and other harmful components. The platform has no control over third-party sites linked to it.

  • Please be informed that the HappyBra platform and its services are being provided to you on an "as is" and "where-is" basis and without any representations or warranties. We cannot guarantee that the HappyBra platform, its information, products, or services provided by us or by third parties are suitable for a specific purpose or free from infringement of third-party rights. We, and any third-party content providers, do not make any express or implied warranties of merchantability or fitness for a particular purpose. Therefore, we, and any third-party content providers, accept no responsibility for any loss or damage that may arise from using or relying on the HappyBra platform or information provided therein. We cannot be held responsible for any damages that you or any third party may suffer, either directly or indirectly, as a result of your use of this site or your inability to use it. This includes all types of damages, such as incidental, consequential, or punitive. It doesn't matter whether we previously informed you about the possibility of such damages or not.

  • Disclaimer -To the maximum extent permitted by the law, we - along with our officers, employees, agents, and directors - hereby disclaim all liability for any loss, damage, expenses, claims, liabilities, or injuries arising from failures in product performance, deletions, omissions, defects in products, interruptions, delays, errors, viruses, unauthorized access, theft, destruction, alterations, or misuse of records through HappyBra Platform.

     

     

• 5. AVAILIBILITY AND ACCESIBILITY OF HAPPYBRA PLATFORM

  • Please note that the HappyBra Platform is based in India, so we cannot guarantee that all the materials and content on our platform will be suitable or accessible to users outside of India. If you use HappyBra outside of India, you are responsible for following the laws in your location.Please note that these Terms of Use should not be used for any promotional activities or solicitations in jurisdictions where such activities are unauthorized, or to individuals to whom it may be unlawful to promote or solicit. Any promotional activities or solicitation must comply with the laws and regulations of the relevant jurisdictions.

  • We offer products, services, content and other features to specific regions around the world through multiple websites. The services provided in different regions may vary in view of logistics, availability, and even legal requirements. Therefore, it's possible for certain services that exist in one area to be unavailable or significantly different in another region. We cannot guarantee that a user in one region can access the Services offered on our site from another region. If a user tries to order Services offered on another region's site, we may cancel the order or redirect the user to their region's site.

  • Please be advised that the information available on the internet may include mentions or links to our Products, programs and Services that are yet to be announced or made available in your country. We are not implying that we will launch the mentioned Products, programs or Services in your country. Contact our local business representative to get more information about the products, programs, and services we offer. They are qualified to assist you with any questions you may have. They can provide you with tailored solutions that best fit your needs and budget. Don't miss out on this opportunity to explore exciting possibilities and enhance your business beyond your imagination!

  • At our company, we're vigilant about monitoring user accounts to prevent fraudulent activity and transactions. Any user who creates multiple accounts or misuses referral vouchers to deceive our HappyBra Platform will be held accountable under the law. If someone tries to cheat on our platform, we can charge them for the items, lawyer fees, and any collection expenses. Remember, HappyBra abides by all legal regulations and takes such matters seriously. We can take legal action against anyone who commits fraud or any other illegal activity on the HappyBra Platform. These actions violate our terms and conditions. We reserve the right to cancel any orders or delete accounts if we suspect fraud or if a transaction is declined, and we will not be held responsible for any losses or damages as a result. Please note that this measure will be taken before we pursue legal actions. For this clause, we are not liable to issue refunds under any circumstances.

• 6. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

  • When using the HappyBra Platform, you may communicate with, buy products or services from, or take part in promotions of advertisers, sponsors, or members of HappyBra Platform. You may also access third-party websites linked to the HappyBra Platform. If there is no explicit statement to the contrary, any communication, marketing, transaction, or offer involving the delivery or payment for products or services, as well as any condition, warranty, or representation inherent to these activities, will be the sole responsibility of you and the third party involved. We are not responsible for any actions or transactions you make with third-party websites. You are responsible for any purchases or promotions made through these third-party sites, and any communication you have with them is not connected to us. We do not guarantee or have any control over the content of these sites.

• The HappyBra Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights. The website's intellectual property rights belong to us or have been licensed to us by their respective owners in order for them to be used on the HappyBra Platform. All information on the HappyBra Platform, such as text, graphics, and sound, is copyrighted by us. Additionally, any trademarks showcased on the platform are either licensed to us or owned by us. We take pride in our intellectual property and strive to protect it at all times.

   

  8. TRADEMARKS

   

  All of the branded names that are linked to our company, along with our products and logos identifiable by the 'TM' symbol, are either trademarks or registered trademarks owned by us or our affiliated companies. It is prohibited to use our trademarks in association with any service or product that is not our own.

   

  9. USER WARRANTIES AND RESTRICTIONS

  • You must ensure that your use of HappyBra Platform and/or Services does not break any laws or regulations. Make sure everything you share is true and legal. Don't hurt anyone or violate any contracts, and avoid writing anything that could damage someone's reputation. If you give us wrong information, we can refuse your registration, cancel any orders, and block you from using our services in the future without warning. By agreeing to these terms, you acknowledge that you will hold us and our associates harmless from all claims made by a third party related to a violation of any of the warranties presented here.

  • Please use HappyBra Platform only for legal purposes. Do not engage in any activity that could damage the platform or its content, or anything that is not allowed by HappyBra Platform. When you agree to these Terms of Use, you're given permission to use the HappyBra Platform to access and use its Services.This license is subject to the conditions outlined in these Terms. Our mission is to help you get the most out of our Services and enjoy the journey.

  10. INDEMNIFICATION AND LIMITATION OF LIABILITY

   

  By agreeing to these Terms of Use, you are accepting to protect us and our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any claims, losses, liabilities, damages, and costs that may arise due to your use of HappyBra Platform or Services, any violation of the Terms of Use, or infringement of our or anyone else's intellectual property or rights. These costs may include reasonable legal fees. We will let you know immediately if there is any legal claim or demand against us related to your actions, and besides that, you agree to help us, at your own expense, in defending any such claim.

   

  11. APPLICABLE LAW AND JURISDICTION:

   

  These Terms are governed by Indian law. Any disputes arising from these Terms will be subject to Indian law and jurisdiction. You agree to submit any dispute related to the HappyBra Platform, whether in contract or tort, to the courts in Gorakhpur, UP, India for resolution.

   

   

   

  12. WAIVER

   

  We will not consider any waiver or excuse for a breach of these Terms of Use unless it is requested in writing and signed by us. If we forgive you for a breach, it doesn't mean we forgive future breaches.

   

  13. SEVERABILITY

   

  If a court decides that a rule in these Terms of Use can't be enforced under the law, we will remove it from the Terms of Use. If any provision of these Terms of Use is found to be unenforceable, the rest of the provisions will still be valid and enforced as stated. If a provision of these Terms of Use is found invalid or unenforceable, a court of competent jurisdiction will interpret the Terms in a way that reflects the meaning and intent of the excluded provision, as permitted by law.

14. RETURN AND REFUND

Please review the Returns Policy and Refund Policy of HappyBra Platform, which applies to Products sold by us.