Terms of service

Welcome to Happy Dayz Ice Cream!

The terms “we”, “us” and “our” refer to Happy Dayz Ice Cream. Happy Dayz Ice Cream 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 Dayz Ice Cream 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 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 or Privacy Policy, you should not use or access our Services.

Access and Account

By agreeing to these Terms, you represent that you are at least 18 years old or the age of majority in your state or territory of residence.

To use the Services, you may be asked to provide certain information such as your name, email address and payment details. You represent and warrant that all information you provide is correct, current and complete.

You are responsible for maintaining the security of your account and for all activity that occurs under your account.

Our Products

Happy Dayz Ice Cream produces handmade, small-batch icecream sandwiches and frozen treats.

Because our products are handmade:
• sizes and appearance may vary
• colours may differ from images shown
• availability may be limited

We do our best to accurately display products and descriptions, but we do not guarantee that product images will exactly match what you receive.

All products are subject to availability and we reserve the right to discontinue or limit quantities at any time.

Food Safety & Allergens

Our kitchen handles dairy, gluten, eggs, nuts, soy and other allergens.

While we take care with preparation, we cannot guarantee an allergen-free environment. Customers with allergies or intolerances consume our products at their own risk.

Orders

When you place an order, you are making an offer to purchase.

Happy Dayz Ice Cream reserves the right to accept or decline your order for any reason. Orders are only confirmed once payment has been processed and we have issued confirmation.

Because our products are made fresh to order, we may not be able to accommodate cancellations or changes once production has begun.

Your purchases are subject to our Refund Policy [LINK].

Orders are for personal consumption only and may not be resold without our permission.

Prices and Billing

All prices are listed in Australian Dollars (AUD) and include GST where applicable.

Prices, discounts and promotions may change without notice.

You agree to provide current, complete and accurate billing and payment information. You warrant that you are authorised to use the payment method provided.

Pick-up and Collection

Happy Dayz Ice Cream currently operates on a pick-up only basis.

We do not offer shipping or delivery.

Orders must be collected during the nominated pick-up window provided at checkout.

Because our products are frozen and perishable:
• responsibility transfers to you once collected
• we are not liable for melting, spoilage or damage after pick-up

We recommend bringing an insulated bag or cooler with ice packs.

Missed pick-ups without notice will not be refunded due to the perishable nature of our products.

Intellectual Property

All content on our Services, including logos, branding, images, product names, text and designs, are owned by Happy Dayz Ice Cream or our licensors.

You may not copy, reproduce, distribute or use our content without written permission.

Optional Tools

We may provide access to third-party tools or services. These are provided “as is” without warranties and we are not responsible for their operation or availability.

Third-Party links

Our Services may include links to third-party websites. We are not responsible for their content, policies or practices. Access is at your own risk.

Relationship with Shopify

Happy Dayz Ice Cream is powered by Shopify. However, all sales and purchases are made directly with Happy Dayz Ice Cream.

You acknowledge that Shopify is not responsible for any aspect of transactions between you and Happy Dayz Ice Cream.

Privacy Policy

Your personal information is handled in accordance with our Privacy Policy and Shopify’s Privacy Policy.

By using our Services, you agree to those policies.

Feedback

If you submit reviews, comments or suggestions, you grant us permission to use them for marketing and business purposes without compensation.

Errors, Inaccuracies and Omissions

Occasionally there may be errors in product descriptions, pricing or availability. We reserve the right to correct errors and cancel orders if necessary.

Prohibited Uses

You may not use our Services for unlawful purposes or in ways that may damage, disrupt or interfere with the Services or other users.

Termination

We may suspend or terminate your access to the Services at any time if you breach these Terms.

Disclaimer of Warranties

To the fullest extent permitted by law, our Services and products are provided “as is” without warranties of any kind.

Limitation of Liability

To the fullest extent permitted by law, Happy Dayz Ice Cream is not liable for indirect or consequential losses, including loss of profits, data or enjoyment arising from use of the Services or products.

Indemnification

You agree to indemnify and hold harmless Happy Dayz Ice Cream and Shopify from any claims or losses arising from your breach of these Terms or misuse of the Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

Waiver, Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Services.

Assignment

You may not assign your rights under these Terms. We may assign our rights without notice.

Governing Law

These Terms are governed by the laws of Queensland, Australia.
You submit to the jurisdiction of the courts of Queensland.

Changes to Terms

We may update these Terms from time to time. Continued use of the Services constitutes acceptance of any changes.