Terms & Conditions
Last updated: 14th January 2025
1. Definitions and Interpretation
1.1 Definitions
In these Terms & Conditions (“Terms”), unless the context otherwise requires:
“Happy Shopper”, “we”, “us”, or “our” refers to the Happy Shopper retail business operating in Malta.
“User”, “Customer”, or “you” refers to any individual accessing the Website, creating a User Account, placing an order, or participating in the Loyalty Program.
“Website” refers to the Happy Shopper website and any associated digital platforms or portals.
“User Account” refers to a registered customer account on the Website.
“Loyalty Program” refers to the Happy Shopper cashback and rewards scheme operated by Happy Shopper from time to time.
“Third-Party Provider” refers to independent delivery, payment, or service providers not operated by Happy Shopper.
1.2 Interpretation
Headings are included for convenience only and do not affect the interpretation of these Terms.
2. Acceptance of Terms
2.1 Agreement to be Bound
By accessing the Website, creating a User Account, placing an order, making a payment, or participating in the Loyalty Program, you confirm that you have read, understood, and agreed to be legally bound by these Terms.
2.2 Non-Acceptance
If you do not agree with any part of these Terms, you must refrain from using the Website and related services.
3. Eligibility and User Obligations
3.1 Age Requirement
Use of the Website and related services is limited to individuals who are eighteen (18) years of age or older.
3.2 Accuracy of Information
You confirm that all information you provide is accurate, complete, and kept up to date at all times.
3.3 Lawful and Good-Faith Use
You agree to use the Website and services lawfully, honestly, and in good faith, and not to misuse, abuse, interfere with, or attempt to circumvent any systems, rules, or safeguards.
3.4 Breach of Obligations
Where these obligations are breached, Happy Shopper reserves the right to take appropriate corrective action, including restricting, suspending, or terminating access or services where justified.
4. User Accounts and Customer Portal
4.1 Account Requirement
Certain services and features require the creation of a User Account.
4.2 Account Responsibility
You are responsible for maintaining the confidentiality of your login credentials and for all activity carried out through your account.
4.3 Unauthorized Access
Happy Shopper shall not be liable for loss or damage arising from unauthorised access resulting from your failure to safeguard account credentials.
4.4 Account Suspension or Termination
Happy Shopper may suspend or terminate User Accounts where misuse, fraud, duplication, or bad-faith conduct is identified.
5. Orders, Availability, and Contract Formation
5.1 Availability
All products and services are offered subject to availability.
5.2 Contract Formation
The submission of an order constitutes an offer only. A binding contract is formed solely upon order confirmation by Happy Shopper or its authorised partners.
5.3 Amendments and Cancellations
Happy Shopper reserves the right to refuse, cancel, or amend orders due to unavailability, pricing errors, system faults, or suspected misuse or abuse.
6. Payments and Payment Processing
6.1 Payment Methods
Payments may be made using the payment methods made available on the Website from time to time.
6.2 Payment Processing
Payments are processed through secure third-party payment service providers. Happy Shopper does not store full payment card details.
6.3 Payment Failures
Happy Shopper is not responsible for payment failures, delays, reversals, or errors caused by third-party providers or financial institutions.
6.4 Reversals and Disputes
Where a payment is declined, reversed, or disputed, the related order may be cancelled and any associated loyalty benefits adjusted or reversed.
6.5 Fraud Prevention
Happy Shopper reserves the right to refuse or reverse transactions reasonably suspected of fraud, abuse, or unlawful activity.
7. Delivery Services
7.1 Delivery Options
Delivery may be carried out either by Happy Shopper or by an independent Third-Party Provider.
The applicable delivery method will be indicated at the time of ordering.
7.2 Happy Shopper-Fulfilled Deliveries
Where delivery is carried out by Happy Shopper, reasonable care will be taken to prepare and deliver orders accurately and in suitable condition.
Delivery times are indicative only and not guaranteed.
Responsibility for the order remains with Happy Shopper until delivery to the customer or an authorised recipient.
Statutory consumer rights remain unaffected.
7.3 Third-Party Delivery Services
Where delivery is carried out by a Third-Party Provider, Happy Shopper remains responsible for order preparation and accuracy prior to handover.
The Third-Party Provider is responsible for delivery execution, including timing and conduct.
Happy Shopper will provide reasonable assistance to help customers raise delivery-related issues where appropriate.
7.4 Delays and Customer Cooperation
Delays caused by traffic, weather, demand, technical issues, or other factors beyond reasonable control do not automatically constitute a breach.
Customers must provide accurate delivery details and be reasonably available to receive orders.
7.5 Transfer of Risk
Risk in goods passes to the customer upon successful delivery to the customer or an authorised recipient.
8. Pricing, Promotions, and Errors
8.1 Price Display
Prices, promotions, and offers are displayed in good faith.
8.2 Corrections
Happy Shopper reserves the right to correct typographical, pricing, promotional, or calculation errors.
8.3 Obvious Errors
Where an error is obvious or should reasonably have been recognised, Happy Shopper is not obliged to honour it.
9. Customer Loyalty Program
9.1 Program Nature
The Loyalty Program is a discretionary rewards scheme available at participating locations and subject to change.
Participation does not create vested or contractual rights beyond those expressly stated.
9.2 Membership Rules
Membership is personal, non-transferable, and limited to one account per individual.
Happy Shopper may refuse, suspend, or terminate membership where abuse, duplication, or bad faith is identified.
9.3 Cashback Accrual
Cashback may be awarded on eligible purchases in accordance with the current terms, conditions, and rates applicable to the Loyalty Program at the time.
Accrual methods, thresholds, qualifying transactions, and carry-forward rules may vary based on promotions, seasonal offers, store participation, or other commercial factors, and will be communicated at the relevant time.
9.4 Cashback Redemption
Cashback is subject to the conditions in force at the time of redemption and:
Is redeemable in accordance with program rules
Cannot be exchanged for cash
Is non-transferable and non-refundable
9.5 Exclusions and Adjustments
Certain products, transactions, or refunds may be excluded from the Loyalty Program.
Refunds or reversals may result in corresponding cashback adjustments.
9.6 Abuse of Program
Any attempt to manipulate transactions, exploit errors, or otherwise abuse the Loyalty Program constitutes a material breach and may result in forfeiture of benefits or termination of membership.
10. Data Protection and GDPR Compliance
10.1 Legal Compliance
Personal data is processed in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Maltese law.
10.2 Data Categories
Personal data may include identification details, contact information, transaction history, payment status, and loyalty activity.
10.3 Purpose of Processing
Data is processed for account management, order fulfilment, payment administration, loyalty administration, customer service, and legal compliance.
10.4 Data Sharing
Data may be shared only with payment providers, delivery partners, or authorities where legally required.
10.5 User Rights
Users have the right to access, rectify, erase, restrict, or object to processing and may lodge a complaint with the Office of the Information and Data Protection Commissioner (Malta).
11. Limitation of Liability
11.1 Excluded Losses
To the fullest extent permitted by law, Happy Shopper excludes liability for indirect or consequential losses.
11.2 Liability Cap
Where fault is established, liability for delivery or service issues is limited to the value of the affected order.
11.3 System and Third-Party Issues
Happy Shopper is not liable for losses arising from system downtime, corrected errors, or third-party failures.
Statutory consumer rights remain unaffected.
12. Suspension and Termination
Right to Act; Happy Shopper may suspend or terminate access, accounts, or benefits where these Terms are breached or where fraud, abuse, or operational necessity requires.
13. Force Majeure
Events Beyond Control; Happy Shopper shall not be liable for failure or delay caused by events beyond reasonable control, including technical failures, supplier disruptions, or legal restrictions.
14. Governing Law and Jurisdiction
14.1 Applicable Law
These Terms are governed by the laws of Malta.
14.2 Jurisdiction
The Maltese courts shall have exclusive jurisdiction.
15. Entire Agreement
15.1 Scope; These; Terms constitute the entire agreement between Happy Shopper and the User regarding the Website, orders, Loyalty Program, and related services.
15.2 Supersession; They supersede any prior discussions, representations, or agreements relating to the same subject matter.
15.3 Reliance; No reliance is placed on any statement not expressly included in these Terms, except where required by law.
