- Happy Yak is a division of ACTIV Foods Inc.
- The terms “ACTIV Foods Inc.” and “we/our” refer to the owner of this website, whose registered office is located in Sainte-Julie, Québec, Canada.
- The term “you/your” refers to the user of or visitor to our website.
GENERAL TERMS AND CONDITIONS
The use of this site is subject to the following conditions:
- The content of this website is for your general information purposes only. It is therefore subject to change without notice; we do not assume any obligation to keep it current. The purpose of the information it contains is not to provide any form of nutritional or medical advice, but solely to give a generic description of our products. It is your responsibility to determine whether the products you decide to purchase are suitable for your personal use given your medical condition. We strongly recommend that you consult a health care professional before using any of our products if you suffer from food allergies or any other form of food intolerance.
- Neither we nor any third party provide any guaranty as to the accuracy, performance, thoroughness or relevance of any of the information or products found or offered on this website for any particular purpose. You acknowledge that such information may contain inaccuracies or errors or that such products may not be suitable for your intended use, and we expressly disclaim any liability in this respect to the fullest extent permitted by law.
- Your use of any information on this website is at your own risk, and for which we expressly disclaim any responsibility. It is your responsibility to ensure that all products, services or information available on this website meet your needs, whether of a specific or generic nature.
- All trademarks reproduced on this website that are not the property of, or under license by our company, are acknowledged on the site.
- The unauthorized use of this website may result in civil or criminal proceedings or a claim for damages.
- On occasion, this site may also supply links to other sites. These links are solely for your convenience. Their inclusion in no way implies any endorsement on our part of them. We do not assume any responsibility or liability with respect to their content or their use.
- You may not create a link to this website from another website or document without the prior written consent of ACTIV Foods Inc.
- Your use of this website, any contract resulting therefrom and any dispute arising therefrom, shall be construed and are governed by the laws of the Province of Québec (and any federal laws applicable therein), without regard to any applicable conflict of laws rules.
- The products ordered will be delivered to the address given by the Client in his purchase order.
- Delivery charges are calculated according to the weight of the packages delivered, the distance covered and the rates of the carrier used, presently Canada Post. For delivery in remote areas (outside of major urban centers), free shipping may not apply. We will contact you as soon as possible, to communicate the cost of delivery.
- Delivery times are only estimates. Actual time may vary. We always try however to deliver our products as soon as possible after your purchase order has been placed. Delivery times may vary depending on the destination of the shipment and the availability of the products. Delivery times are estimated from the time the products leave our warehouse.
- You become owner of the products when we deliver the products to the carrier. From this time, you assume any and all risks relating thereto and we do no longer assume any responsibility or liability for the potential loss or destruction of the products.
- For any product delivered outside of Canada, you are responsible for any and all costs relating to custom formalities and their exportation out of Canada, including, without limitation, customs clearance of the products, duties and taxes, etc.
- Delivery of products is subject to the terms and conditions of the carriers and delivery companies we conduct business with, presently Canada Post. You are especially bound by the terms and conditions pertaining to the execution of any document acknowledging receipt of the products. If, at the time of delivery, you are absent from the delivery address mentioned in your order, it will be your responsibility to recover the products according to the terms and conditions of the carrier.
- We must have received full payment of the products you have ordered prior to proceeding to their delivery.
GENERAL CONDITIONS OF SALE
- The price payable for each product will be the price appearing next to such product, on the website, at the time of placing your order.
- Transport and delivery charges, as well as applicable sales taxes, are extra unless indicated otherwise.
- We reserve the right to modify prices at any time without prior notice.
- All prices are in Canadian dollars, unless indicated otherwise.
You can return unused products within 30 days of the date of delivery, in exchange, at your election, for a credit in our Web shop or in exchange for another Happy Yak product. If the new product is of lesser value, the difference will be credited on your next purchase or reimbursed, whichever you prefer. On the other hand, if the new product is of greater value, you will be charged for the difference plus taxes, if applicable.
Food being a sensitive product, we cannot exchange products which are stale or damaged or whose packaging is damaged or opened.
For a return, simply go to your profile, click “Return”, and follow the instructions that will appear on your screen, in which case, you will not incur any penalty. In all cases, you will assume the shipping costs and risks for the returned products, unless we did not ship the right products, in which case we will assume the shipping costs and risks as long as the carrier you retained is a reputable one and assumes all risks for loss or damage.
Products cannot be returned if they have been removed from their original packaging, except if they are rotten, contaminated or otherwise flawed, in which case, provided that they are not passed their “best before” date, we will, at your election, either replace them or reimburse you for the price you paid for them. We will replace all returned products for which a clear and unambiguous request for reimbursement has not been timely made. In any case, prior to returning any product, you must first obtain from us a return number, which must be clearly displayed on the outside of the package of the returned products in order to give you the right to a replacement or reimbursement.
AVAILABILITY OF PRODUCTS
We do not guarantee, in any case, the availability of products offered on this website. Should we be unable to immediately deliver a product that you have ordered due to, for example, inventory shortage, we will, unless timely instructed otherwise by you, ship said product as soon as it becomes available. In any case, we shall not be responsible for any problem of any sort incurred as a result of inventory shortage or late delivery.
Under no circumstances shall our liability exceed the price that you have paid for the products which have given rise to your recourse against us.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY WHETHER BASED UPON CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY.
- We have selected PayPal as the sole provider of transactional service with you because your financial security is of the utmost importance to us.
- Please note that payment of your order is made directly with PayPal, “the world’s most-loved way to pay and get paid”.
LIMITED WARRANTY – DISCLAIMERS
The Happy Yak website has a commercial and informative vocation; it does not constitute in any way an offer of service in the legal sense of the term.
Although Happyyak.ca strives to provide reliable and quality content on its website, it grants no warranties, either express or implied (including, without limitation, the implied warranties of ownership or of non-infringement, merchantability or fitness for a particular purpose) on accessibility, precision, reliability, updating, maintenance, use of software or information available on its website, as well as the contents of the pages.
We cannot be held liable for any damages whatsoever, including, but not limited to, direct, indirect, incidental or consequential damages, loss of profits or business interruption resulting from the use or inability to use its site or sites to which it is linked.
The use of information and data contained on the website, or results obtained thereof, are the responsibility of the user. The user also agrees to make use of the site for its intended purpose.
We do not control and cannot control “items” (such as files, projects, information or comments other than personal data sent to happyyak.ca) provided by users of its website and cannot, under any circumstances, be held responsible for these elements.
The user guarantees that : (1) the “items” are neither illegal nor improper for publication; (2) he/she will seek to detect and remove any viruses, spyware or other malware thereof; (3) the “items” do not violate any third party’s right of intellectual property or other legislation; (4) we may use, publish free of charge and/or incorporate them into their designs or products without incurring any responsibility whatsoever; (5) he/she will not initiate any action against us with regards to the “items” submitted; and (6) he/she will compensate us should a third party take action against us.
We warrant title and that the products shall conform to our standard specifications in effect at the time of their manufacture; provided that any deviations from our standard specifications caused by your actions or any third party’s actions are expressly excluded from this warranty.
WE MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCTS, WHETHER USED ALONE OR IN COMBINATION WITH ANY OTHER GOODS OR MATERIALS.
Happyyak.ca reserves the right to modify or remove any content of this site, in whole or in part, and at any time, and without prior notice.
COLLECTION AND USE OF PERSONAL INFORMATION
We have designed our website and carry out our interaction with clients in such a manner as to minimize the quantity of information collected, and collect only information that is relevant to the visitors and customers to effectively participate in our activities and events. No personal information is collected from visitors to our website; unless such visitors provide said information to us voluntarily and knowingly.
If you voluntarily provide us with personal information, we use usually only for purposes internal, for example, for the treatment of your products or application, or for the provision of services that you have requested. In addition, we may use your information to communicate with you, for example, to respond to your inquiries, for you inform that you have right to a privilege or a promotion custom, to treat a request for subscription to our e-newsletters.
Only employees, agents and service providers who need your personal information for the above reasons will have access to sames.