Terms of service
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Terms of Service
OVERVIEW
Welcome to Happy Ears AB! The terms "we", "us" and "our" refer to Happy Ears AB. Happy Ears AB operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Happy Ears AB is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 — GENERAL
Prior to your order, we, Happy Ears AB, assume that you have read and understood the information set forth on our website at www.happyearsearplugs.com. Your order represents a request to enter into an agreement with us. A purchase agreement has been reached when you have made an order to purchase an item from the website and received an order confirmation via email containing full details of your order. We will dispatch the item(s) to you by the stated shipping company. We shall remain owner of all items until such time as you have made full payment and we have received your payment.
SECTION 2 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 3 — OUR PRODUCTS
Happy Ears are CE-certified reusable hearing protection. Please read all product information and use instructions before use. Happy Ears are not a medical device and are not intended to diagnose, treat, cure, or prevent any medical condition. If you have concerns about hearing loss or ear health, consult a healthcare professional before using our products.
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion.
We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 4 — MINORS
Minors (children below 18 years of age) must have a parent's or guardian's approval to be able to order item(s) from the website or by contacting us at info@happyearsearplugs.com. We also ask you to note that our products are not intended to be used by people under age 12.
SECTION 5 — ORDERS
When you place an order, you are making an offer to purchase. Happy Ears AB reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Happy Ears AB confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Happy Ears AB may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Return and Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. For wholesale and B2B orders, please contact us at info@happyearsearplugs.com for separate wholesale terms.
SECTION 6 — PRICES AND CHARGES
Our prices may be modified without prior notice further to circumstances beyond our control, such as significant changes in raw-material prices, exchange-rate fluctuations or changes made to sales taxes. Should the rate of sales taxes be modified, we reserve the right to adjust our prices with the equivalent amount.
The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. Current charges are available on our website www.happyearsearplugs.com.
SECTION 7 — SALES AND SPECIAL OFFERS
Sales and other special offers shall only be valid while the related stocks last, unless otherwise stated in conjunction with the offer.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
SECTION 8 — PAYMENTS
Payment shall be made by charge card. Freight costs are in addition if no other agreement had been made. Upon the return of items, a refund will be made to the credit card or bank card account used when you made your order. We accept PayPal, Klarna, Visa, American Express and Mastercard.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 9 — DELIVERY
If you have not received your order within 30 days, you shall have the right to cancel the purchase at no cost should you not accept the proposed new delivery date. Refund of your payment will be made within 10 days of us receiving your notice of purchase cancellation. You will be informed by email when the item(s) are ready for collection. We will charge for parcels that are not collected, in order to cover administrative and freight costs (shipment to and from). The related invoice will be sent within 30 days of the uncollected parcel being registered with us.
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
SECTION 10 — SHIPMENT
We are liable for items that are damaged or lost during delivery. Claims regarding items damaged during shipment must be made in accordance with what is set forth under "Complaints" below.
Once we transfer products to the carrier, title passes to you subject to your right to submit a complaint under Section 12 below. For detailed shipping information including delivery times per region and free-shipping thresholds, see our Return and Refund Policy.
SECTION 11 — RIGHT OF EXCHANGE
As customer, you have the right to exchange your item(s) for an equivalent product within 30 days of receipt of the item(s), although the right of exchange shall not apply to sales and special-offer products. In order for a return to be approved, the item(s) must be returned unopened (except one Discovery Pack per customer) in their original condition and in their original packaging together with all related information and parts. The return must be made with the same wrapping as when it was received, or with equivalent wrapping. At exchange of purchased item(s), the cost of return freight will be borne by the customer.
European Union 14-day cooling-off period: If your order is shipped to an EU country, EU consumer law grants you the right to cancel your order within 14 days of delivery, for any reason and without justification. This is in addition to (and separate from) the 30-day exchange right above. To exercise this right, email us at info@happyearsearplugs.com within 14 days of receiving your order. The item must be returned in its original condition — unopened, unworn, and unused, in its original packaging with the case included. We will refund the price of the item(s) plus original shipping costs within 14 days of receiving the returned goods, per EU Directive 2011/83/EU.
SECTION 12 — COMPLAINTS
Should the item(s) be damaged upon receipt, or should you receive an incorrect product, or should the item(s) in any other way deviate from the agreement between yourself and us, you shall have the right to submit a complaint. Complaints concerning an item must be submitted as soon as possible. A complaint submitted within 1 week of a fault being discovered will always be considered as being made within the permitted period of time.
As soon as a returned item has been received in accordance with what is set forth above under 'Right of exchange', a refund will be made to you within 30 days of us having received your complaint and return of the product. Your right to submit a complaint against a purchased item is governed by the rules applicable according to the laws of the country from which you have placed your order. Your right to submit a complaint against a purchased item will, however, never exceed 1 year.
For instructions regarding submitting a complaint, please contact our customer service at info@happyearsearplugs.com. Should the product be faulty, defective, or should you have received the wrong item, the cost of return freight will be borne by us.
SECTION 13 — LIABILITY UPON RETURN OF GOODS
When using the right to purchase cancellation or right to submit a complaint or right of exchange, you shall be liable for the returned item(s) during the return shipment, and you shall thereby be liable to compensate us for item(s) returned should such item(s) be damaged or lost during the return shipment. In view of that you are liable for the returned item(s) until they have been received by us, we recommend that you make a note of the parcel's tracking number.
SECTION 14 — FORCE MAJEURE
We decline all liability for delivery delays or shortcomings in our fulfillment of obligations and commitments according to these purchase terms and conditions should the delivery delay or shortcoming be due to circumstances beyond our control and that prevent, obstruct or delay the delivery or fulfillment in question. Circumstances considered beyond our control include regulations, measures or omissions by public authorities, new or amended legislation, labour-market disputes, blockade, fire, flooding, sabotage, pandemic, cyber-attack or major accidents. Such circumstances shall also include decisions by public authorities that may negatively affect the market or products, such as decisions regarding warning texts, sales prohibition and similar, or an abnormal downturn in the market.
SECTION 15 — PRODUCT USE AND LIABILITY
We will not accept liability should an item you have purchased be used in a non-prescribed way. In this regard, we refer to the instructions provided upon the purchase of our products. You should therefore carefully read the instructions before starting to use the item that you have purchased. Happy Ears AB takes no responsibility if the item is handled irresponsibly or without caution.
SECTION 16 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Happy Ears AB, its affiliates or licensors and are protected by Swedish, European Union and international patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Happy Ears AB, Shopify or any third party. Unauthorized use of the Services may be a violation of Swedish, EU and international intellectual property laws.
Happy Ears AB's names, logos, product and service names, designs, and slogans are trademarks of Happy Ears AB or its affiliates or licensors. You must not use such trademarks without the prior written permission of Happy Ears AB. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 17 — RELATIONSHIP WITH SHOPIFY
Happy Ears AB is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Happy Ears AB. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Happy Ears AB, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Happy Ears AB.
SECTION 18 — OPTIONAL TOOLS AND THIRD-PARTY LINKS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 19 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, national, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 20 — AGENTS
20.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
20.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 20.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
20.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
20.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 21 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
SECTION 22 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation to maintain your Feedback in confidence, to pay compensation for your Feedback, or to respond to your Feedback.
SECTION 23 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We do not accept liability for any printing or typing errors with regard to prices and other information provided by us.
EXCEPT AS EXPRESSLY STATED BY HAPPY EARS AB, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
Nothing in these Terms is intended to exclude or limit any rights you may have as a consumer under Swedish or EU consumer protection law, including your right of withdrawal under EU Directive 2011/83/EU and statutory warranty rights. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you to the extent such limits apply.
SECTION 24 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL HAPPY EARS AB, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
Nothing in this section limits liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.
SECTION 25 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Happy Ears AB, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
SECTION 26 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 27 — TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 28 — GOVERNING LAW AND DISPUTES
Swedish law applies to all purchases and orders, unless otherwise expressly stipulated in these purchase terms and conditions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Any dispute that may arise will be referred to the Swedish National Board for Consumer Disputes (Allmänna Reklamationsnämnden – ARN). Our policy is to always follow recommendations made by ARN. If a dispute cannot be resolved through ARN, it shall be exclusively resolved by the courts of Sweden, with Malmö tingsrätt as the court of first instance, unless mandatory consumer protection law in your country of residence provides for a different forum.
For EU consumers: Nothing in this section deprives you of the protection of mandatory provisions of law in your country of residence. As an EU consumer, you may bring proceedings in your country of habitual residence.
Online dispute resolution (EU): The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr.
SECTION 29 — SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 30 — WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 31 — ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 32 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 33 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 34 — COMPANY DETAILS
Happy Ears AB
Stora Varvsgatan 6A
211 19 Malmö
Sweden
VAT: SE556834454201
Email: info@happyearsearplugs.com
Phone: +46 760-04 65 47
Website: www.happyearsearplugs.com
SECTION 35 — CONTACT
Questions about the Terms of Service should be sent to us at info@happyearsearplugs.com.
You can also review our Privacy Policy and Return and Refund Policy for more information.