Terms and Conditions of Purchase

Updated February 27, 2025

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Welcome to the Happy Thrive website, these Terms of Use apply to and set forth the terms and conditions that govern your access to and use of the happythrivenutrition.com website and any of our other sites, mobile applications, or online services that we operate and may link to these Terms of Use (the “Services”) and the content, data or materials contained therein (the “Materials”)

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By using the Services, you agree to these Terms of Use, and also to our privacy policy, which is incorporated into these Terms of Use. If you don’t agree with the Terms and Conditions, you are free to reject them; unfortunately, that means you will no longer be able to use the Services.

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TERMS OF SALES

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If you plan to purchase Products, you authorize Happy Thrive to collect certain information, including your full name, address, telephone number and credit card information (if using online payment). Please ensure that this, and any other information you submit to us, is correct and current. You agree to notify us of any changes to this information. Our use of this, and other information we collect from you, is governed by our privacy policy.

 

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ACCOUNTS, PASSWORDS AND SECURITY

 

When purchasing you must register for an account in order to use the Website and/or Services. You must complete the registration process by providing Happy Thrive with up-to-date, complete and accurate information as requested. You are entirely responsible for maintaining the security and confidentiality of your account and password. You are also entirely responsible for all activities that occur under your account whether those activities are conducted by you or by any other person. You agree to notify Happy Thrive immediately of any unauthorized use of your account or any other breach of security. Happy Thrive will not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any loss that Happy Thrive or another party suffers as a result of someone else’s use of your account, if that use results from your negligence in maintaining the security and confidentiality of your account

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TERMS OF DELIVERY

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Happy Thrive generally uses third parties to ship its Products; therefore, all purchases of Products are governed by a shipping contract which provides that title and risk of loss to such Products pass to you when the Products are delivered to you. Once Products are delivered, their condition and consumption are your responsibility, and you are solely responsible for the proper and safe handling, storage, use and consumption of the Products. Happy Thrive is not responsible for any actions or omissions on the part of such third parties and is not liable for any delay or loss of any kind that occurs while an order is in the hands or control of a third party.

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Shipping dates and times may change due to weather conditions and other factors, some of which are beyond our control. Should events beyond our control affect our ability to deliver the Products to you on your scheduled delivery date, we will attempt to deliver your Products as soon as possible.

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In the event that timely delivery of your Products is not feasible, as determined in our sole discretion, we may cancel your delivery and issue you a credit or refund of the purchase price for that delivery.

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An order confirmation will be sent to the email address linked to your Happy Thrive account indicating the delivery days and status of order.

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Happy Thrive will not be held responsible if the box is not retrieved at the location you have indicated in your account. We will also provide you with the necessary proof of delivery which you will need to be signed.

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Product is delivered to the indicated location in accordance with the delivery instructions specified when placing your order. In certain areas, you may be able to provide additional delivery instructions when setting up your Happy Thrive Account, such as requesting that your delivery be left with a neighbor. Please also consider shipping to your work address where you can freeze your smoothies upon arrival.

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Any individual at the delivery address who accepts a delivery is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. If you would prefer that someone have to sign for the delivery, please let us know the specific instructions.

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If no one is present at the address specified in your delivery instructions at the time of delivery, we will use commercially reasonable efforts to contact you and reschedule the delivery (in which case our standard redelivery fee shall apply). If we are unable to reschedule the order for any reason, the order will be canceled, and you will be charged the applicable fee for the order. It is your responsibility to provide us with clear and complete delivery instructions.

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From the time of delivery you are responsible for inspecting all Products you receive from us for damage or other problems occur. You are solely responsible for determining the integrity of the Products you receive from safe handling, storage, use and consumption of the Products following delivery.

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In the event that a Product is not fresh, open or broken at the time of delivery, please notify us within 24 hours of receipt, and we will handle the situation in accordance with our return and refund policy.

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Once your Products are received and inspected, you must place smoothies in the freezer to maintain quality. Our package include thermal insulation as well as Ice Pack for far locations, to preserve the Products under normal shipping and delivery conditions. 

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Any degradation of the Products, including the passage of time, will be your responsibility once the delivery is completed. If you are unable to retrieve your order, it is your responsibility to find a solution to not let the freshness of the Products deteriorate.

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Please note, when scheduling your deliveries and box retrieval, please take into account the temperature in your area, as the outside temperature can have an impact on the deterioration of the Products.

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For any damaged orders, we invite you to contact customer service directly at info@happythrivenutrition.com  as soon as you retrieve your box. We are open Monday to Sunday from 8 a.m. to 7 p.m.

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ORDER, TAXES AND PAYMENT OPTIONS.

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All applicable sales tax is included in the quoted price. We accept all of the following payments methods: credit cards, e-wallets, direct debit, online banking, or other payment methods which may be accepted from time to time. Orders placed on www.happythrivenutrition.com are sent securely to our order desk where they are reviewed. Once the order is verified, it will be processed and delivered.

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• PAYMENT AND BILLING INFORMATION

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By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Order or other purchase (including any applicable taxes and other charges).

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If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended, cancelled and unfulfilled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Happy Thrive Account, you can do so at any time by logging into your Account and editing your payment information.

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You acknowledge that the amount billed may vary due to promotional offers, or changes in applicable taxes or other charges, including shipping and handling, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount. At this time, we use third-party payment processors to bill you through a payment account linked to your Account on the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of our payment processors in addition to these Terms.

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We are not responsible for any error by, or other acts or omissions of, any third party payment processor. We reserve the right to correct any errors or mistakes that the payment processor makes even if it has already requested or received payment.

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​​PROFESSIONAL ADVICE DISCLAIMER

HAPPY THRIVE’S SITE DOES NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING STATED OR POSTED ON OUR SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. The information presented above, or information received via telephone or email should not be construed as the practice of medicine

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OUR SITE IS CONTINUALLY UNDER DEVELOPMENT AND HAPPY THRIVE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.

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COPYRIGHT​

We grant permission to electronically copy and print parts of this Website only if the purpose is to place an order with Happy Thrive or to purchase Happy Thrive products. You may display, subject to any expressly stated restrictions or limitations relating to the specific material, download or print portions of the material from the various areas of the Website solely for your own non-commercial use, or to place an order with Happy Thrive or to purchase products from Happy Thrive

 

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by Happy Thrive. You also agree not to change or delete any industrial property content from the materials uploaded to the Website. You agree to comply with all copyright laws worldwide in your use of the Services or the Materials.

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REGISTERED TRADEMARKS

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All trademarks, service marks and trade names of Happy Thrive used on this Website are registered trademarks or trademarks of Happy Thrive. You may not use our trademarks, such as our logo, without our permission

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DISCLAIMER OF WARRANTY

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The Website, its content, and any services or products found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement

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Happy Thrive does not represent or warrant that that the Website, its content, or any services found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components

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LIMITATION OF LIABILITY​

TO THE EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS

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TYPOGRAPHICAL ERROR

In the event that a product is listed at an incorrect price on the Website, Happy Thrive reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Happy Thrive reserves the right to refuse or cancel any such orders even if the order has been confirmed and charged to your credit card account. In such cases, Happy Thrive shall issue a credit to your account by refunding your credit card in the amount of the pricing error​

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TERMINATION​

These terms and conditions apply to you when you access the Website and/or purchase process. These terms and conditions may be terminated by Happy Thrive upon 60 days written notice. The provisions relating to copyright, trademark, disclaimer, limitation of liability, indemnities and miscellaneous, shall survive the termination of this Agreement

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NOTIFICATION​

Happy Thrive may deliver notice to you by email, SMS, a general notification on the Website, or any other reliable method to the address you provide to Happy Thrive

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USE OF THE SITE​

Harassment in any manner or form on the Website via e-mail, the Website blog, or by means of obscenity or abuse is strictly prohibited. You may not upload, distribute or publish through the Website any defamatory, obscene, threatening, privacy-invasive, publicity-invasive, offensive, illegal or objectionable content that may constitute or encourage a crime, violate the rights of any party or that may give rise to liability or violate any law

 

You should not use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality;

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 You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization

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You may use the Services and the Materials for your own personal, noncommercial use. That means you can use them to view and purchase products, and to engage with us and others through reviews or via our message submission form on our Contact webpage.

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You cannot, however, use them for commercial purposes (for example, if you are not a wholesaler, you cannot resell or otherwise redistribute our products for commercial purposes), or to violate any applicable law or regulation.

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• SUBMITTING CONTENT

 

The Services may allow you to engage with us, for example, to submit a review, ask a question or make a comment, or provide us with your suggestions (“your content”). For example, you could send us a photo of you enjoying one of our products or write on our Facebook page. You always remain the owner of your content. Please make sure that you own or are licensed to send us all of your content, meaning that you took the photo, or have permission to send us the photo, and that the photo is of you or by someone who consents to have the photo sent to us.

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By providing your content to us, you are agreeing that you are authorized to do so. When you send us or otherwise post your content, you do so under the terms of the following license. You grant us (and those we work with) a worldwide, royalty-free, irrevocable, perpetual license to use, store, modify, publish, distribute, display and reproduce your content without compensation and without notifying you, as well as to use your (or any other person’s) name, persona and likeness, to the extent included in your content (for example, your profile picture or username associated with a social media account).

We may display your content on the Services or otherwise use it in our marketing and promotional materials, and this license gives us the right to do so. None of your content may violate or infringe the rights of others or applicable laws and regulations, be offensive, harassing, threatening or objectionable, contain a virus or other harmful component, or contain advertising or any commercial or other solicitation.

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Happy Thrive reserves the right to block or remove content, communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark, or other intellectual property rights, or (d) offensive and unacceptable to Happy Thrive in its sole discretion

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TERMS AND CONDITIONS OF THE MOBILE MESSAGING SERVICE

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​The Happy Thrive Mobile Messaging Service is operated by Happy Thrive. We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

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By consenting to Happy Thrive SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Happy Thrive foods through your wireless provider to the mobile number you provided. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

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You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Happy Thrive. Your participation in this program is completely voluntary.

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We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

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The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

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We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

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SECURITY

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Happy Thrive works to protect the security of your personal information as it is transmitted through our secure system. Happy Thrive do not have access to your credit card information, as it is encrypted immediately upon completion of a transaction. Only the transaction management company, with which Happy Thrive deals with, receives its encrypted information. Other personal information collected by Happy Thrive is used to ship your order through the carriers, to be able to contact you in case of need or to make you benefit from all the opportunities and activities offered by Happy Thrive. You may request that your information be removed from our database at any time

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INDEMNIFICATION

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You agree to defend, indemnify and hold harmless Happy Thrive and its officers, directors, employees, agents, successors and assigns from and against any and all losses, damages, liabilities, actions, judgments, interest, indemnities, penalties, fines, costs or expenses of any kind arising out of or resulting from: (i) any breach by you of any obligation, warranty or representation set forth in this Agreement or (ii) any activity related to your account (negligent or wrongful conduct) by you or any other person accessing and/or using your Happy Thrive account

 

THIRD PARTY

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In an effort to provide increased value to our visitors, Happy Thrive may provide links to sites operated by third parties. However, even if the third party is affiliated with Happy Thrive, Happy Thrive has no control over such linked sites, which have separate and independent privacy collection practices

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Our Services also contain links to, and may be linked from, third-party websites that we do not maintain (for example, social media platforms such as Instagram, Facebook, or Twitter). We do not endorse or make any representations about any other websites or have any responsibility for them or for any loss or damage that may arise from your use of them. If you follow links from the Services to other websites or platforms, you will be subject to the terms and conditions, and any other privacy or security policies, of those websites

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REFUND POLICY

Last updated: February 27, 2025

Please note that due to the nature of our products, ALL OUR SALES ARE FINAL.

 

We does NOT GRANT REFUNDS specifically for the following reasons:

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• Improper use of the product,

• Improper storage,

• Improper handling

• Out of date at the time of delivery

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You are responsible for inspecting the Products at the time of delivery to ensure that the order is in compliance, without damage or risk of consumption. You must also deposit the Smoothie Products in the freezer without delay after receiving the Products. After this period, you will be presumed to have received the Products in good condition and not defective.  

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If the product delivered is damaged (as for smoothies no longer cold to the touch), expired or incomplete at the time of the delivery, Happy Thrive will apply a credit onto your account or replace the product at our expense the following week. It is your duty to contact customer service to report the condition of the product within 24 hours following the time of delivery.  Please take photos and notes of the impacted products. You may be asked also to keep the expired or defective product for further inspection and/or investigation. Depending on the situation, if a refund is needed, it can be issued on the same credit card used for the order, or a replacement of product at our expense.

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If you are not satisfied with the Product or the online delivery service, we invite you to contact customer service directly at info@happythrivenutrition.com​.

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CANCELLATION POLICY

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Please note that once an order is billed and ready for shipment, you cannot cancel your order and the refund policy applies (see above).

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Please note that we reserve the right to refuse or cancel any order you place with us, or restrict the quantities purchased per person. In the event we refuse or cancel your order, we will attempt to notify you using the information provided in connection with the order.

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CONTACT US

If you have questions or concerns regarding these Terms and Conditions, contact us at info@happythrivenutrition.com

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