Terms of service

Last updated: October 26, 2023

The purpose of this Agreement is to openly communicate the expectations associated with the purchase of your Happy Plunge Tub (The “ Happy Plunge Tub”). If you have any questions please let us know as we want to make sure we are all on the same page moving forward.

In exchange for the purchase of Happy Plunge’s Tub, you agree to be bound by the following conditions.

  1. Parties. We will refer to Happy Plunge, Inc., an incorporated company based in the State of Delaware as “Happy Plunge ”, “us” or “we”  or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement, as “you”, “the Buyer”, or “your”.
  2. Purchase Price. The Buyer will accept the Tub and pay for the Tub with the sum of $4900 + sales tax (USD) (the “Purchase Price“), paid as follows:
    1. A one-time payment for the full Purchase Price, plus relevant taxes. 
    2. There is the possibility for payment plans via Klarna, Affirm or similar payment plans. 
    3. Shipping inside the Continental United States will be included. 
    4. The Purchase Price must be completed in full before your order will be processed and the Happy Plunge Tub will be sent to you. 
  3. Delivery of your Happy Plunge Tub. The Happy Plunge Tub will be deemed received by the Buyer when delivered to the Buyer at the address they provide us with. We will ship the Happy Plunge Tub to you via FedEx or UPS and it will be sent in two boxes.
  4. Installment of the Tub. Our Happy Plunge Tubs are very easy to set up and all of the set up can be done by you without the need for any professional support. It takes 15 minutes and you’ll have fun doing it!
  5. Warranties. Happy Plunge warrants this product to be free from defects in workmanship and materials, under normal residential use and conditions, for a period of one (1) year from the original invoice date, or six (6) months for commercial use. Happy Plunge agrees, at its unfettered discretion, during the warranty period, to repair any defect in material or workmanship or to furnish a repaired or refurbished product of equal value in exchange without charge (cost of shipping and handling will be covered by Happy Plunge so long as the warranty claim is deemed legitimate, as outlined in this paragraph above) Such repair or replacement is subject to verification of the defect or malfunction and proof of purchase and Happy Plunge retains the right to dismiss a warranty claim if foul play is suspected. For clarity, this warranty does not include: Any condition resulting from other than ordinary residential wear or any use for which the product was not intended, such as use in rental or contract trade or commercial use, any condition resulting from incorrect or inadequate maintenance or care, any condition resulting from modifications, damage resulting from misuse, abuse, negligence, accidents, dissatisfaction due to buyer’s remorse, normal wear and tear, damages incurred during transportation, or failure to comply with all instructions and warnings. 
  6. Disclaimers. Except as expressly warranted in this Agreement, the Happy Plunge Tub is provided “as-is” and neither Happy Plunge nor its vendors, suppliers, licensors or partners make(s) any warranties, oral or written, express or implied, arising from course of dealing, course of performance, usage of trade, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-interference or non-infringement. Happy Plunge  will not be liable for damages or injuries resulting from improper water chemistry, unsanitary conditions, or maintenance issues caused by this unauthorized use. Further, Happy Plunge makes no promises or warranties regarding any form of medical or health benefits from use of the Happy Plunge Tub. Please consult a medical professional before use.
  7. No Substitute for Medical Advice. Happy Plunge does not make any representations that is a medical professional or that any benefits from using the Happy Plunge Tub will provide any health benefits of improvements. Please consult with a medical professional before use of the Happy Plunge Tub to understand if it is the right fit for you. 
  8. Warning Label. You understand that each Happy Plunge Tub comes with a Warning Label on the unit and it is your responsibility to read it carefully and ensure you understand the risks of using the Happy Plunge Tub. If you are using the Happy Plunge Tub for commercial purposes or having other third-parties in the tub, you should bring the warning to their attention before use. 
  9. Title. Title to the Happy Plunge Tub will remain with Happy Plunge until delivery and actual receipt of the Happy Plunge Tub by the Buyer. In the event payments are being made in installments, title to the Happy Plunge Tub will remain with Happy Plunge until all payments have been completed. 
  10. Inspection. Inspection will be made by the Buyer at the time and place of delivery and by accepting delivery, Buyer agrees to accept the Happy Plunge Tub in its existing condition.
  11. Claims. The Buyer’s failure to give notice of any claim within 10 days from the date of delivery will constitute an unqualified acceptance of the Happy Plunge Tub and a waiver by the Buyer of all claims with respect to the Happy Plunge Tub.
  12. Excuse for Delay or Failure to Perform. Happy Plunge  will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of Happy Plunge  or its suppliers. If Happy Plunge, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Happy Plunge Tub at the time specified or within one month after the date of this Agreement, then Happy Plunge will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement.
  13. Remedies. The Buyer’s exclusive remedy and Happy Plunge’s limit of liability for any and all losses or damages resulting from defective Happy Plunge Tub or from any other cause will be for the Purchase Price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.
  14. Cancellation. Happy Plunge reserves the right to cancel this Agreement:
    1. if the payment of the Purchase Price by the Buyer will for some reason fail or become canceled or disputed.
  15. Notices. Any notice to be given or document to be delivered to either Happy Plunge  pursuant to this Agreement will be sufficient if delivered personally or sent by email.
  16. Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Delaware. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of California. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Happy Plunge  of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.