Policies

Terms & Conditions

Welcome to Happimat. We are delighted to have you here. We are committed to making our Terms and Conditions as easy to read and understand as possible. If you have any questions, please contact us.

About these Terms and Conditions

These Terms and Conditions, which include our Privacy Policy, Delivery, Returns, Gift Vouchers, Sponsorship and General policies set out the terms of the agreement between you and Sit Stand Skip Pty Ltd trading as Happimat (“Happimat”). By using our website, you unreservedly accept these Terms and Conditions, including our Privacy Policy, and you agree that your use of our website, including any purchase of goods from us, is subject to the terms thereof.

These Terms and Conditions cannot be varied without our written consent. We may update these Terms and Conditions from time to time and the current version will always be shown on the Terms and Conditions page of our website. We encourage you to read these Terms and Conditions, and contact us if you have any particular questions. If you do not agree to these Terms and Conditions, you must not use our website in any manner.

Accessing our website

We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may need to restrict access to our website (wholly or partly).

You are responsible for making all arrangements necessary for your own access to our website. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms and Conditions, and that they comply with them.

Our product

We endeavour to ensure that all the products on our website are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. In some cases the products we offer for sale are handmade or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. This will always be stated on the individual product listing. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error. This will be classified as a change of mind and returning items based on change of mind will be at the expense of the customer.

To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our website.

On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.

Our website changes regularly

We aim to update our website regularly, and may change content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.

Your order

After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is complete. The sale contract is therefore concluded in Victoria, Australia.

If delivery of an order will result in unacceptably high freight charges to Temple & Webster, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you.

In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a store credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.

Prices, payment and GST

All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by various methods, including by credit card (Visa and MasterCard) and PayPal.

Payment security

We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member’s card is used fraudulently.

In an effort to prevent fraudulent use of credit cards or other payment options, we will undertake reasonable efforts to validate the legitimacy of the order and payment method. This process may include requesting proof of identity and a formal check on. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Orders undertaking a formal check will be placed on hold until we have received confirmation this transaction is legitimate. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you via email).

Privacy Policy

This policy sets out how Sit Stand Skip Pty Ltd trading as Happimat (“Happimat”) will handle the personal information that you may disclose to us when you use a Happimat website or other Happimat services. This policy contains information on how Happimat collects, uses, discloses and stores personal information. The policy can be broadly summed up by this statement: Happimat will not sell or rent your information to another party and will only use your personal information for the purpose of providing the products and services you have requested from us.

What types of personal information will Happimat collect?

Happimat will only collect the personal information that it needs to help you enjoy the full range of Happimat services. This means that when you use a Happimat website or other Happimat services, Happimat may collect personal information such as your name, address, telephone number, email address and age.

Happimat does not collect sensitive information (for example: medical history) from users of the Happimat website.

How Happimat collects personal information

We collect personal information from you if you buy something from us, if you subscribe to our newsletter(s), if you sign up for an account with us and also if you enter a Happimat competition.

We may also collect personal information, when you use a Happimat site, by using cookies, recording your IP address and other statistical methods.

When you share personal information with us, we will use our best endeavours to store and protect it securely. We will use SSL encryption to help us with this task.

How we use your personal information

In general, Happimat will only use your personal information to provide the product or service that you have requested from us. More specifically, Happimat may use your personal information to:

  • Communicate with you to facilitate your order
  • Arrange delivery of the item(s) that you have ordered
  • Take payment for the item(s) you have purchased

Happimat may also use your personal information to assist you with product choices and to keep you informed of changes to product ranges or special offers.

Happimat uses cookies, IP addresses and other statistical information to improve our websites, look at aggregated usage statistics, save items that are in your basket and provide other personalized features throughout your time on our sites. We will also use it to generally examine how our customers use and access our websites and services.

Happimat will only communicate with you by email if you have provided us with your email address and consented to receive email communication from Happimat.

The Happimat websites contains links to the sites of third parties. These third party sites are not under the control of Happimat . Please ensure that you visit the privacy policies of those third party websites to be aware of their policy on the handling of personal information.

Who we share your personal information with

Our suppliers
We may share some of your personal information with the suppliers of the products sold on our sites. This is only done to facilitate the delivery of the product(s) you have purchased. This would generally include the delivery address, recipient’s name and contact details if necessary.

Our logistics partners
We may share some of your personal information with our logistics partners so that they can deliver the products you buy to the address you have given us. This would generally include the delivery address, recipient’s name and contact details if necessary

Our billing & security partners
We may share some of your personal information with our billing & security partners in order to ensure that your payment is processed smoothly.

Our business partners
We may share some of your personal information with other business partners for purposes including but not limited to marketing, data analysis and reporting.

Federal or State police authorities
We may disclose your personal information to the relevant authority when required to do so by law, in cases of fraud and where any threats are made against any of our employees, Happimat or the general public.

Related bodies corporate
We may disclose personal information to our related bodies corporate.

How you can control your personal information
You are entitled to gain access to personal information that Happimat holds about you. You may amend, correct or update this personal information at any time. If you would like to access any of the personal information we have about you please contact us at hello@happimat.com

If you would like to unsubscribe from receiving any of our commercial electronic messages, such as an email, sent to you by Happimat please visit the my account section. Your request to unsubscribe will be actioned promptly.

Happimat is bound by the National Privacy Principles. Please visit http://www.oaic.gov.au/privacy/privacy-act/national-privacy-principles for more information.

Security Information

When you browse our site and most importantly when you enter sensitive information (for example: your name, email address, credit card numbers) into a form on our site we secure that information with 256 Bit SSL encryption. 256 Bit SSL encryption is the industry standard encryption technology. The easiest way to tell if the information you’re entering is secure is to look at the address bar in your browser. If the URL starts with https:// then you’re on a secure page.

Delivery

Delivery Fees

Free Standard Delivery within Australia is available for all mats via Australia Post eParcel with Signature and Tracking. Free delivery applies only to mat orders with Standard Service through Australia Post eParcel. Estimated 2-6 business days after posting for your package to arrive. Country regions may vary. Your delivery will be assigned a tracking number which is contained inside your order email. Further information can be found here: https://auspost.com.au/sending/send-within-australia/delivery-speeds-and-coverage

$15 Flat Rate Express Delivery within Australia for all mats is also available via Australia Post Express Parcel with Signature and Tracking. Next business day delivery for 80% of Australian address (see the Express Post guarantee https://auspost.com.au/sending/send-within-australia/express-post-parcels/express-post-guarantee). Delivery outside of this network will use the fastest possible transport links but will not be covered by the Next Business Day guarantee. Your delivery will be assigned a tracking number which is contained inside your order email. Further information can be found here: https://auspost.com.au/sending/send-within-australia/delivery-speeds-and-coverage

Changes made to delivery address or delivery time after placing an order may incur additional charges, which we reserve the right to request to add to your original delivery charge. Delivery estimates calculated at checkout are based on delivery to the front door of a ground floor. Approval for requests to have items delivered past this point must be requested prior to an order being placed. This is a request and cannot be guaranteed. The request is based on courier availability and payment of this service.

Delivery time

Typically, items listed on the website will be dispatched from our warehouse within 24 to 48 business hours. In some cases the estimated dispatch time frame will be longer, for example where custom requests are made to the order. From time to time the delivery of specific items will exceed our usual stated delivery window for reasons outside our control. We work hard to process all orders as quickly as possible and we will send you an email to let you know when your item has been dispatched by us or if we anticipate delays. Delivery time to the delivery address will vary based on the destination. After dispatch your order will be assigned a tracking number which is contained inside your order email.

Risk in the products passes to you on commencement of delivery. We do not accept liability for any loss, theft or damage to the products after delivery.

Delivery methods & locations

We work with Australia Post to deliver nationwide; in some cases this may be handed to a third party to ensure remote areas can be accommodated. Your order will be delivered to the delivery address provided by you during the checkout process or as updated through our Customer Care team after your order is finalised.

Delivery is to a ground floor; if the delivery is in a multi-story building the delivery company will not travel past the ground floor front door.

For larger high value items or bulk orders, we may be able to offer alternate delivery service, however this is not available for all items and all areas. Our customer care team can confirm if this is available to your order and area, applicable fees and charges will apply for this service.

We cannot deliver to PO boxes or Parcel Lockers because they’re usually too small to accept most of the items we sell. Most of our goods are delivered by courier directly to your door and require a signature upon delivery.

Our delivery partner may leave a card at the address and you will need to pick up the delivery from an Australia Post outlet or contact the courier company to arrange for redelivery.

We reserve the right to refuse delivery to specific locations for items we deem at high risk of loss or damage, and also areas that are inaccessible with standard courier and delivery services. In this case, you may choose to have an item delivered using your own couriers, in which case all insurance for loss or damage to the order caused by the delivery will be your responsibility.

You agree to pay any delivery and handling charges presented to you at the time you make a purchase.

We deliver our products Australia-wide. If you would like to place an order for international delivery, please contact us to make appropriate delivery arrangements or consider making your own delivery forwarding arrangements at your own risk.

Delivery failure

It is important that you verify your information is correct before placing your order, especially your delivery address. If the address provided is incorrect and the package is returned, you will be billed for the additional delivery charges in order for your goods to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used by the courier to arrange delivery. If we and our delivery partner have been unable to deliver your order due to your error or fault after 21 days or 2 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less the delivery and handling fees incurred by us.

Returns

Seven (7) day returns

We want you to love the products you buy from us. If you change your mind, you may return it to us within seven (7) days of the date you received it, no questions asked.

You will be responsible for all shipping charges to facilitate a change of mind return. If you change your mind, we will provide you with a store credit voucher in an amount equal to the price you paid for the product, less all shipping costs. Please note we do not offer refunds for change of mind returns.

You must lodge a return request via the ‘My Account’ page, select ‘Orders’, select ‘View’ on the order, and click ‘Request Return’. Alternatively, you can contact us by email with your name and order number and our customer care team will arrange the return for you.

Items returned must be in ‘as-new’ condition. This means you have not used, assembled, damaged, washed or laundered any of the items. Please return items secured in their original packaging. If you cannot return an item ‘as new’ in its original packaging, a handling and restocking fee may apply up to 30% of the value of the item.

Non-returnable items excluded from all change of mind returns include:

  • All forms of clearance/sale stock
  • Clearance items
  • Factory seconds
  • Gift Cards
  • Orders for commercial or non-domestic use

Within 5 business days of receiving your return, and subject to confirming it is in ‘as-new’ condition, we will issue you with a store credit voucher via email in an amount equal to the price you paid for the product, less the cost to ship the product to you and the return shipping back to the warehouse. The return shipping cost is the same as the initial delivery fee.

Store credit voucher codes will be valid for one (1) year from the date of issue.

If you purchase an item with promotional shipping (discounted or free shipping) and you return it because you change your mind, we will deduct the actual shipping costs from your store credit voucher. Both the cost of shipping the item to you and the cost of the return shipping to the warehouse will be deducted.

Damaged in transit

Unfortunately items are occasionally damaged in transit.

If an item arrives and the packaging or the item itself is clearly and significantly damaged, you should take photos or video showing the damage, refuse to accept the delivery and contact us immediately. We’ll share your feedback with our delivery partners and suppliers to ensure our service and the quality of packaging is improved.

If you notice that an item is damaged after it has been delivered to you, please take photos or video clearly showing the damage and contact us as soon as possible, ideally within 3 business days of receiving your delivery.

The type of remedy we offer will depend upon the circumstances. We will work collaboratively with you to find an outcome that you’re happy with. For example we may arrange to:

  • Suggest a self repair (with an offer of compensation to you)
  • Offer a partial or full store credit voucher
  • Replace the product (subject to availability)
  • Arrange for the product to be returned to us or our supplier

If we require you to return the product to us, we will pay the cost of the return.

Wrong item delivered

Very occasionally we may accidentally ship the wrong item to you. If you have received an incorrect item, let us know as soon as you can, ideally within 3 business days of receiving your delivery. We will offer to send you the correct item and arrange for the pick up and return of the incorrectly shipped item at no cost to you.

Faults and Warranty Claims

Happimat warrants all goods to be free from defects in materials and workmanship, and of acceptable quality and durability for the purpose for which they are designed. Warranties and guarantees are provided in accordance with Australian Consumer Law.

If an item arrives that is missing parts, is faulty, is defective or has been damaged during manufacturing, please take photos or video clearly illustrating the problem and contact us as soon as possible, ideally within 3 business days of receiving your delivery.

The best solution to any product fault depends on the nature of the fault itself, and the outcome that works best for you. We will work collaboratively with you to find a solution that you’re happy with. For example we may arrange one or a combination of the following:

  • Send you any missing parts or components
  • Suggest a method self repair (with an offer of compensation to you)
  • Replace the product (subject to availability)
  • Offer you an alternative product
  • Offer a partial or full store credit voucher

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

This Faults and Warranties policy does not cover:

  • Normal wear and tear
  • Damage arising from improper assembly or modification
  • Damage arising from abnormal use or abuse
  • Damage, wear and tear as a result of improper or lack of maintenance and/or care (e.g. fabric, leather or timber)
  • Damage to external or product packaging only
  • Insignificant minor variations in dimensions, colour, grain or finish
  • Insignificant minor imperfections or superficial blemishes

Determining if an order or item is lost in transit

Happimat will determine whether an order or item is deemed lost in transit at its sole discretion. We will conduct an investigation and attempt to find and deliver all item(s) and an item cannot be claimed to be lost in transit if:

  • The delivery address is incorrect or unclear
  • The tracking information for the shipment is showing it is in transit (or other such status that defines the item as yet to be delivered)
  • The item was accepted or left at the delivery address according to the instructions supplied to the carrier

Determining if an order or item is damaged in transit

Our normal Damaged in Transit policy and processes apply.

We reserve the right to refuse a claim under our Damaged in transit policy in circumstances where we believe that the item is not lost in transit, or the item has been delivered.

Cancellations

You may cancel an order, or part thereof, only before an order reaches the dispatch processing stage, in this case you will receive a store credit voucher or refund in the amount you paid for the product, including shipping. After an order, or part thereof, reaches the dispatch processing stage, cancellations or changes may not be possible. As we endeavour to send your order to you as soon as possible, which often will be within 24 hours, requests for cancellations need to be lodged as soon as practicable after ordering. Once items have shipped, you cannot cancel them.

Exchange

Unfortunately we do not offer exchanges. Simply return your items in accordance with our returns policy and place a new order.

Your consumer rights

The goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible with your name and order number and our customer care team will look after you.

Our rights

We reserve the right to refuse a return in cases where we cannot be reasonably satisfied that you purchased the product from us and where we deem damage to a product to be due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions or failure to take reasonable care.

Manufacturer warranties

In some cases products offered for sale on our website may be subject to a separate manufacturer’s warranty. This will be communicated on the relevant product page. In this case we request that you contact the manufacturer directly. If the manufacturer is unable to assist you or you are not happy with the resolution of your issue, please contact us for help. We will be happy to liaise with the manufacturer for you but our liability will be limited to the refund of your purchase price.

Gift Vouchers

You may purchase digital Gift Vouchers from our website. Gift Vouchers and store credits cannot be used to purchase Gift Vouchers.

In the case of digital Gift Vouchers, we will email the Gift Voucher to the recipient’s email address, as provided by the purchasing member. The email will include instructions and a link for redeeming the Gift Voucher. After the recipient has redeemed the Gift Voucher, the Gift Voucher amount will appear in the My Account section of the member’s profile.

Gift Vouchers, once redeemed, may only be used for purchases at the Happimat website. If a purchase made using a Gift Voucher is for less than the amount of the Gift Voucher, the remaining balance will appear on the recipient’s account for future use. If a purchase made using a Gift Voucher is for more than the amount of the Gift Voucher, the purchaser will be required to pay the excess using another payment method. The amount remaining can be viewed on your My Account page. If an order made using a Gift Voucher is cancelled or returned, the portion of the purchase attributable to the Gift Voucher will be refunded as a store credit only, this is not redeemable for cash.

Gift Vouchers purchased from the online store have an expiry date one (1) year from the date of their purchase and this expiry date cannot be modified. Any balance that remains after the expiry date will not be available for use.

Gift Vouchers received as a prize from a promotion, giveaway or competition will have an expiry fourteen (14) days from the date of issue and this expiry date cannot be modified. Any balance remaining after the expiry date will not be available for use.

Gift Vouchers are not transferrable and cannot be returned or exchanged wholly or partly for cash. Gift vouchers should be treated as cash. You are responsible for the use and safety of your Gift Voucher. Happimat is not responsible for any loss or damage resulting from lost or stolen gift vouchers or gift vouchers used without permission. Lost or stolen Gift Vouchers will not be replaced or refunded.

Promotions & Giveaways

Your participation in Happimat’s promotion, competition or giveaway (“The Competition” or “The Giveaway” or “Promotion”) shall be deemed to be your complete acceptance of the Terms and Conditions herein. The following are the Terms and Conditions of The Giveaway, which is sponsored by the operator of the Internet site happimat.com (“Happimat”).

1. Only persons over the age of 18 are eligible for entry to The Giveaway. You may be asked, at any stage, to provide Happimat or a third party with proof of age and /or identity.

2. The Giveaway shall take place on the date specified on the Promotion or Giveaway entry page on happimat.com (“Entry Page”).

3. In the event that Happimat deems an entrant to have acted in bad faith with respect to the Promotion, the entrant shall be excluded from The Giveaway and consequently ineligible to win the Promotional Prize, as defined below.

4. The promotional prize for winning The Giveaway or Competition or Promotion is defined on the Entry Page. If the prize shall be a single yoga mat, it is valued at AU$88. If the prize shall be a gift voucher, it is valued at the amount specified on the advertisement. (The yoga mat and gift card prizes are collectively referred to as the “Prize” or “Prizes”). The Prize is not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

5. The Promotional Prize will be mailed out to The Giveaway winner after the winner has provided Happimat with a valid mailing address and proof of identity.

6. Happimat shall notify the winner of the winning via email within seven (7) days of The Giveaway. The winner shall receive the Promotional Prize within thirty (30) days of Happimat’s receipt of the details of the winner required in order to affect transfer of the Prize.

7. Notwithstanding Section 6 above, in the event that, for any reason whatsoever, the Promotional Prize winner fails to respond, within seven (7) days, to the email notification of his/her winning, such winning entrant shall be deemed to have forfeited his/her claim to the prize and Happimat shall not have any obligation whatsoever to compensate the winning entrant in any way and a replacement winner may be chosen.

8. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

9. Happimat’s decision is final with respect to all matters relating to awarding of the Promotional Prize and shall not be subject to review or appeal by any entrant or by any third party.

10. Your participation in The Giveaway is considered your agreement that Happimat may contact you.

11. The Prize is neither transferrable nor exchangeable and cannot be exchanged for money or money’s worth.

12. By entering the Giveaway each entrant unreservedly agrees to these terms and conditions which govern the Giveaway and the awarding of the Prize.

13. By entering the Giveaway each entrant agrees to release, discharge and hold harmless Happimat, its legal representatives, affiliates, subsidiaries, agencies and their respective officers, directors, employees and agents from any damages whatsoever suffered or sustained in connection The Giveaway or the acceptance of the Prize.

14.The competition and these terms and conditions will be governed by Australian Federal law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.

15. The winning entrant shall be solely responsible for any taxes levied in relation to the delivery or receipt of the Promotional Prize.

16. Happimat reserves the right to alter these Terms and Conditions at any time and in its sole discretion.

Competitions & Giveaways

Please contact us regarding sponsorship enquiries.

General

Liability

To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website, products or services or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion:

      • in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
      • in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our website, or any other products or services accessed via our website.

Intellectual property

We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our website, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.

You must not scrape or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

You must not use any part of the materials on our website, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission.

Third party websites

Where our website contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).

Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).

You may link to our home page provided your links do not damage our reputation or take advantage of it, and 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. You must not establish a link from any website that is not owned by you.

Our website must not be framed on any other site. Our site must not be utilised by third party web crawlers (or similar) in order to scrape content from our site for any purpose. We reserve the right to withdraw linking permission without notice.

Viruses and Hacking

You must not misuse our website by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.

Whilst we do our best to ensure that our website is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.

Email communication

You consent to receive communication from us electronically, either by email or by us posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.

Facebook and Blog

The purpose of our Facebook page and our Blog is to provide Happimat’s fans with inspiration, information on our sale events, access to special promotions plus the latest goings on at Happimat and from our circle of friends. You are welcome to contribute your own comments, photos and videos. To ensure a positive and respectful environment for everyone, we ask that you follow a few simple guidelines when making a contribution: We’re all about pilates & yoga mats, specifically creating happiness during the practice of pilates & yoga. We welcome contributions on this topic. We’ll delete posts that we consider to be off-topic, spam, advertising, offensive, sexually inappropriate, threatening, abusive, hateful, profane or defamatory towards a person’s race, ethnicity, entity, belief or symbol. We’re big supporters of lively, open discussion and we don’t shy away from negative feedback from our customers, we simply deal with it in our usual professional, friendly manner. However, we reserve the right to address factual errors or delete posts if we think it appropriate or necessary to do so. We’re happy for our material to be shared (via Facebook’s “share” functionality), but you should not copy our material and post it without attribution, nor use it for commercial purposes or claim it as your own. We support the Facebook Statement of Rights and Responsibilities, and our Facebook page adheres to relevant Facebook policies. We reserve the right to ban users who don’t abide by these guidelines.

Other Policies

The Privacy Policy available on our website informs you of our practices regarding the collection, use and disclosure of any information we collect from or about you. Our Privacy Policy forms part of these Terms and Conditions. We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate. In order to purchase through our website, you will be requested to provide your personal details, in particular, your real name, billing address, shipping address, mobile phone number and email address. Furthermore, you will be required to provide payment details. By entering your payment details you warrant that you are the authorised account holder and that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. You shall comply with our policies and guidelines as apply from time to time.

Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

Applicable law

These Terms and Conditions, including our Privacy Policy are governed by the laws of Victoria, Australia and are subject to the non-exclusive jurisdiction of the courts of Victoria. Our website is available only to people who can form legally binding contracts under applicable law.

Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website. Any changes are effective immediately upon posting to our website. Your continued use of our website thereafter constitutes your agreement to all such changed Terms and Conditions. Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using our website.

Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.

Severability

If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.

How can I contact Happimat?

Sit Stand Skip Pty Ltd trading as Happimat
ABN 30 617 108 568
ACN 617 108 568
hello@happimat.com
PO Box 1092 Glen Waverley VIC 3150 Australia