Terms of Sale

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Happy Scratch Terms of Sale

Last Update: 1-15-24

Welcome to the Happy Scratch Terms of Sale (“Terms of Sale”).  In these Terms of Sale, the terms “you” and “yours” refer to the person using our website at www.happyscratch.com (the “Site”) and all of its web pages and subdomains. Cold Water Technologies, Inc. (“we”, “our” or “us”) operate the Site. These Terms of Sale (together with our Privacy Policy and Terms of Use) gives you information about us and the legal terms under which we sell any of the products listed on the Site. (“Products”), along with any services related to the Products (“Services”).

ALL SALES OF PRODUCTS AND SERVICES BY EXPEDITE TO YOU ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS OF SALE, AND ACCEPTANCE OF THE PRODUCTS OR SERVICES BY YOU IS AN ACCEPTANCE OF THE TERMS OF SALE.

1. ORDERING FROM US

1. You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement detailing the Products you have ordered. Please note orders cannot be expedited after being placed.
2. Our acceptance of an order takes place when we ship the order. We will send you a shipping confirmation by email. When we send the order the purchase contract will be complete, unless we have notified you that we do not accept your order, are unable to fulfil your order, or you have cancelled your order.
3. We may refuse to accept an order:
   1. where Products are not available;
   2. where we cannot obtain authorization for your payment;
   3. if there has been a pricing or Product description error;
   4. if you do not meet any eligibility criteria set out in the Terms of Sale, including designating a delivery address outside the United States; or
   5. you are otherwise in violation of these Terms of Sale.
4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on the Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5. Please take the time to read and check your order at each page of the order process.

1. PRICING AND PAYMENTS

1. All prices listed on the Site are in US Dollars. Prices are those published on the Site at the time that you place your order. Prices published on the Site are exclusive of sales tax, shipping and handling costs and fees which will be calculated separately, as applicable to your order. The total price stated during our online checkout process will be the total amount payable by you for the Products included in your order, including all applicable taxes, handling and shipping charges.
2. Prices, offers, and Products are subject to availability and may change before (but not after) we accept your order. If a Product becomes unavailable after we accept your order, we may offer you an alternative, offer you the opportunity to delay your order, or cancel your order and provide you with a full refund of any amounts paid for the ordered Products.
3. We accept payment by credit or debit card or such other means as may be specified on the Site. If you pay by credit or debit card, payment is authorized and deducted upon acceptance of your order. If you use another method of payment as offered on the Site, the time of payment may differ.
4. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
5. It is possible that, despite our reasonable efforts, some of the Products or Services on our site may be incorrectly priced. If we discover an error in the price of the Products or Services you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing via email. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to accept your request or provide the Products to you at the incorrect (lower) price.

1. SHIPPING AND DELIVERY

1. When placing an order on the Site, you will be asked to select a shipping method. Shipping methods and rates are determined according to the following table:

Shipping Method	Rate*	Delivery Time	Carrier**
Ground	$5.00	5 to 8 business days	USPS

* All rates are shown in US Dollars and subject to change

** We may substitute another Carrier at our discretion provided that the replacement Carrier provides a similar estimated Delivery Time

1. Delivery will be to the address specified on your order, which must be within the United States. .
2. The delivery charges specified as part of your order for your selected shipping will apply. Delivery charges will be disclosed in your cart prior to you placing your order.
3. We take reasonable efforts to meet the Delivery Time estimates specified in this section. However, actual Delivery Times may be affected by factors beyond our control and therefore they cannot be guaranteed.
4. You must comply with all applicable laws and regulations of the United States. We will not be liable or responsible if you break any such law.

1. RETURNS. All Product returns are governed by the following return policy:
   1. In our sole discretion, we may choose to accept returns on Products in their original, unopened condition purchased through the Site within 30 days of the date that the Product is delivered to you. You may contact us any time within 30 days of the date that the Product was delivered to you in order to request a Return Material Authorization (“RMA”) number. Product returns will not be accepted by us unless we have granted written authorization in advance in the form of a RMA number, and the Products are received by us in their original, unopened condition. The refund will be provided once we receive the Product back and the Product has been inspected to confirm its condition, which may take up to ten (10) business days after receipt of the returned Product(s). When returning a Product, please include a copy of the original invoice or packing slip to ensure prompt issuing of any refund. The RMA number should be written on the documents enclosed and on the outside of the shipping box. You are responsible for the cost of return shipments. We are under no obligation to accept any request for a return, or provide a refund for Products returned without an RMA.
   2. It is your responsibility to inspect all Products promptly upon receipt for damage attributable to the carrier and to make claims directly to the carrier for such damage. The furnishing by us of a Product to you constitutes acceptance of that Product unless you provide notice of shipping damage or quantity to our customer support team within ten (10) business days of delivery to your designated address.

1. WARRANTY DISCLAIMERS. The following disclaimers apply to all products sold on the Site:
   1. We will not be responsible for any incidental or consequential damages claimed to have resulted from the sale or use of any Product sold on the Site. Some regions or states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
   2. The Products sold through the Site are provided on an “as-is” and “as-available” basis, without any warranty, express or implied, including the implied warranties of merchantability or fitness for a particular purpose. NO REPRESENTATION OR STATEMENT BY US MAY CHANGE OR ALTER THE DISCLAIMER SET FORTH IN THIS SECTION.

1. 1. MISCELLANEOUS

• We own or license all right, title, and interest in and to the Product trademarks, and other identifying marks and any associated goodwill (“Trademarks”). We do not grant and you do not receive any right, title or interest in or to any of the Trademarks by virtue of agreeing to these Terms of Sale. We and our licensors retain all proprietary rights in and to all designs, engineering details, and other technology and information related to the Products. The Products are offered for sale and are sold by us subject in every case to the condition that such sale does not convey and license, express or implied, to manufacture, duplicate, or otherwise copy or create derivative works based on the Products.

• Any failure by us to enforce at any time any of the provisions of these Terms of Sale, or to require your performance of your obligations under these Terms of Sale, will not in any way be interpreted as a waiver by us of such provisions.

• You may not assign or delegate your obligations under these Terms of Sale without our prior written consent.

1. 1. These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any and all prior and contemporaneous representations, agreements, negotiations, advertisements, statements, or understandings, whether oral or written. No amendment to these terms and conditions shall be binding on us unless such amendment is in writing and executed by an authorized representative. No document containing conflicting terms shall take precedence over these terms and conditions, unless otherwise agreed to in writing by us.
   2. We may modify the version of the Terms of Sale posted on the Site at any time. In the event that we post a new version of the Terms of Sale, that new version of the Terms of Sale will govern all sales on the Site following the effective date of the new version of the Terms of Sale stated at the top of the page, however, the new version of the Terms of Sale will not apply to any sales made prior to the effective date of the new version of the Terms of Sale.
   3. These Terms of Sale are supplemented by, and subject to our Website Terms of Use, available at https://happyscratch.com/terms-of-use/. In the event of any disagreement between the Terms of Use and these Terms of Sale, the Terms of Use will control.