Terms of service

Overview

Welcome to Happilaff! References to "we," "us," or "our" mean Happilaff. Happilaff operates this store and website, providing you with a curated shopping experience that includes all related information, content, features, tools, products, and services (hereinafter referred to as the "Service"). Happilaff is operated by Shopify to deliver the Service to you.

The following Terms of Service and all policies referenced herein (hereinafter referred to as the "Terms of Service" or "Terms") outline your rights and responsibilities when using the Service.

These Terms of Service contain important information about your legal rights, as well as disclaimers of warranties and limitations of liability, so please read them carefully.

By browsing or using our Service, you are deemed to have agreed to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, please do not use or access our Service.

Article 1 - Access and Accounts

By agreeing to these Terms of Service, you represent that you are of legal age in the state or region where you reside, and that you are granting us consent to allow minor dependents to use the Service through devices owned, purchased, or managed by you.

To use our Service (including accessing or browsing the online store, or purchasing products or services we offer), you may be required to provide certain information such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you hold all necessary rights to provide such information.

You are solely responsible for managing your account credentials and all activities within your account. You may not transfer, sell, assign, or license your account to any other party.

Article 2 - Our Products

We make every effort to accurately represent products and services in our online store. However, please be aware that the colors and appearance of products on your screen may differ from the actual products due to the type, settings, and configuration of your device.

We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or be as displayed in the online store.

Product descriptions may be changed at any time, at our discretion, without prior notice. We reserve the right to discontinue the sale of any product at any time, and may, in our sole judgment, limit the quantity of products offered to specific individuals, regions, or jurisdictions.

Article 3 - Orders

Placing an order with us constitutes an offer to purchase. Happilaff reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is not binding until Happilaff confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before confirming it. Once your order is accepted, Happilaff may be unable to accommodate cancellation requests.

If we do not accept your order, modify it, or cancel it, we will endeavor to notify you by contacting the email address, billing address, and/or phone number you provided when placing the order.

Returns or exchanges of your purchased products will only be handled in accordance with our Refund Policy.

You represent and warrant that the products you purchase are intended for your personal or household use and are not intended for resale or export for commercial purposes.

Article 4 - Pricing and Billing

Prices, discounts, and promotions are subject to change without notice. The price of a product or the fee for a service will be the price in effect at the time of your order, as stated in your order confirmation email. Unless otherwise specified, displayed prices do not include taxes, shipping costs, fees, duties, or import fees.

Prices displayed in our online store may differ from those offered in physical stores, third-party operated online stores, or other retail locations. We may run promotions related to the Service from time to time, which may affect pricing and are governed by separate terms and conditions from these Terms of Service. In the event of a conflict between the terms of a promotion and these Terms of Service, the promotion terms will take precedence.

You agree to provide current, complete, and accurate purchase information, payment information, and account information for all purchases made in our store. You agree to promptly update your account information, including your email address, credit card number, expiration date, and other information, to complete transactions and allow us to contact you as needed.

You represent and warrant the following:

(i) The credit card information you provide is true, accurate, and complete,
(ii) You are duly authorized to use the credit card for your purchase,
(iii) Charges made by you will be approved by the credit card company,
(iv) You will pay all charges, including the listed price, shipping costs, fees, and all applicable taxes.

Article 5 - Shipping and Delivery

We are not responsible for delays in shipping or delivery. Estimated delivery times are for guidance only and are not guaranteed. We will not be liable for delays caused by shipping carriers, customs procedures, or other events beyond our control. Title and risk of loss for products pass to you upon delivery to the shipping carrier.

Article 6 - Intellectual Property Rights

Our Service (including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, and their design, selection, and arrangement) is owned by Happilaff and its affiliates or licensors, and is protected by U.S. and foreign patent, copyright, and other intellectual property laws.

Under these Terms of Service, you are granted a limited license to use the Service for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content on the Service without our prior written consent. Except as expressly stated in these Terms, nothing in these Terms shall be construed as granting you any license or other rights under any patents, trademarks, copyrights, or other intellectual property rights of Happilaff, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Happilaff.

The name, logo, product and service names, designs, and slogans of Happilaff are trademarks of Happilaff or its affiliates or licensors. You may not use these trademarks without the prior written permission of Happilaff. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Article 7 - Optional Tools

As part of the Service, you may be granted access to customer tools provided by third parties, but we do not monitor, control, or assume responsibility for these tools or their content.

You acknowledge and agree that we provide access to these tools on an "as-is" and "as-available" basis, without any warranties, representations, or conditions, and without any endorsement or recommendation. We shall have no liability whatsoever arising from or related to your use of any third-party tools.

Your use of any optional tools offered through our site is solely at your own risk and discretion, and you must ensure that you have read and agreed to the terms of use established by the relevant third party.

In the future, we may offer new features through our Service (including the provision of new tools or resources). These new features will also be considered part of the Service and subject to these Terms of Service.

Article 8 - Third-Party Links

The Service may contain materials or hyperlinks to websites provided or operated by third parties (including embedded third-party functionalities). We are not responsible for verifying or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Service to access these materials or third-party sites, you do so at your own risk.

We shall have no liability for any damages arising from or related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please review and understand the policies and practices of third parties before conducting any transactions. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party directly.

Article 9 - Relationship with Shopify

[Note to Merchants: This section accurately reflects the relationship between Shopify and your store and must not be removed or modified.]

Happilaff is operated by Shopify to provide the Service to you. However, all sales and purchases you make in our store are directly with Happilaff. By using the Service, you acknowledge and agree that Shopify shall not be liable for any aspect of the sales and purchases between you and Happilaff (including any damages or injuries arising from purchased products or services). You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Happilaff.

Article 10 - Privacy Policy

All personal information we collect through the Service is subject to our Privacy Policy (available here: https://happilaff.com/policies/privacy-policy). In addition, some personal information may be subject to Shopify's Privacy Policy (available here). By using the Service, you acknowledge that you have read these Privacy Policies.

Because the Service is hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Service to provide and improve the Service to you. Information you submit to the Service may be shared and transmitted with Shopify and third parties located outside your country of residence to provide the Service to you. For details on how we, Shopify, and our partners use your personal information, please review our Privacy Policy (available here: https://happilaff.com/policies/privacy-policy).

Article 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, projects, plans, or other content (collectively referred to as "Feedback") to us, you will be deemed to have granted us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display the Feedback for any purpose, including commercial use. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service, and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant the following:

(i) You own all rights to the Feedback or have all necessary rights to submit it,
(ii) You have disclosed any compensation or incentives received in connection with the submission of the Feedback,
(iii) The Feedback complies with these Terms of Service.

We shall have no obligation to:

(1) Keep your Feedback confidential,
(2) Pay compensation for the Feedback,
(3) Respond to the Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise inappropriate, or that violates third-party intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe upon the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. Furthermore, you agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer viruses or malware that could affect the operation of the Service or related websites. You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you post and its accuracy. We shall have no liability or legal responsibility for any Feedback posted by you or any third party.

Article 12 - Errors, Inaccuracies, and Omissions

The Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery times, and inventory availability. We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel any order (including after your order has been placed) without prior notice if the information is inaccurate.

Article 13 - Prohibited Activities

You may access and use the Service only for lawful purposes. You may not access or use the Service, directly or indirectly, for any of the following purposes:

(a) Illegal or malicious purposes,
(b) Violating international, federal, provincial, state, or local laws or regulations,
(c) Infringing or violating the intellectual property rights of us or any third party,
(d) Harassing, abusing, insulting, defaming, libeling, slandering, intimidating, or otherwise harming our employees or any other person,
(e) Transmitting false or misleading information,
(f) Sending, receiving, uploading, downloading, using, or reusing materials that do not comply with these Terms of Service,
(g) Sending or arranging for the transmission of advertising or promotional materials (including "spam," "chain letters," "junk mail," or other similar solicitations),
(h) Impersonating or attempting to impersonate another person or entity,
(i) Any act that restricts or impairs the use or enjoyment of the Service, or that we determine could harm or impose liability on Happilaff, Shopify, or users of the Service.

Furthermore, you agree not to engage in the following acts:

(a) Uploading or transmitting viruses or other malicious code that could affect or impair the functionality or operation of the Service,
(b) Reproducing, copying, selling, reselling, or exploiting any part of the Service without authorization,
(c) Collecting or tracking the personal information of others,
(d) Engaging in spamming, phishing, pharming, pretexting, web crawling, or scraping,
(e) Interfering with or circumventing the security features of the Service, related websites, other websites, or the Internet.

If we determine that you have violated any provision of these Terms of Service, we reserve the right to suspend, deactivate, or terminate your account without prior notice.

Article 14 - Termination

We may terminate this Agreement or your access to the Service (or any part thereof) at any time, in our sole discretion, without notice, and you shall remain liable for all amounts due up to the date of termination.

The following provisions shall survive the termination of this Agreement: Intellectual Property Rights, Feedback, Termination, Disclaimers of Warranties, Limitations of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Article 15 - Disclaimers of Warranties

The information provided on or through the Service is for general informational purposes only. 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 disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any content of the Service.

Except as expressly stated by Happilaff, the Service and all products provided through the Service are offered on an "as-is" and "as-available" basis, without any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement. We do not warrant, represent, or guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion or limitation of implied warranties or other limitations, so the above limitations may not apply to you.

Article 16 - Limitations of Liability

To the fullest extent permitted by law, in no event shall Happilaff, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable to you for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages (including but not limited to loss of profits, loss of revenue, loss of savings, data loss, alternative costs, or any similar damages) arising from or related to your use of the Service or the products obtained through the Service, whether based on contract, tort (including negligence), strict liability, or any other legal theory. We also shall not be liable for any errors or omissions in any content (or products) posted, transmitted, or otherwise made available through the Service, or for any loss or damage of any kind incurred as a result of your use of the Service or such content, even if we have been advised of the possibility of such damages.

Article 17 - Indemnification

You agree to indemnify, defend, and hold harmless Happilaff, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any and all losses, damages, liabilities, or claims (including reasonable attorneys' fees) paid to third parties arising from or related to:

Your breach of these Terms of Service or any documents incorporated herein,
Your violation of any law or third-party rights,
Your access to or use of the Service.

We will notify you of any claim subject to this indemnification. However, your failure to promptly notify us will not relieve you of your indemnification obligations unless you are materially prejudiced as a result. We may assume the exclusive control and management of the defense and settlement of any such claim at your expense, including the selection of counsel. We will not, however, enter into any settlement that imposes a non-monetary obligation on you without your prior written consent (which consent shall not be unreasonably withheld). You agree to cooperate with us in the defense of any indemnified claim, including the provision of relevant materials.

Article 18 - Severability

If any provision of these Terms of Service is found to be illegal, invalid, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Article 19 - Waiver and Entire Agreement

Our failure 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, including but not limited to any prior versions of the Terms of Service) between you and us relating to the Service.

No ambiguity in the interpretation of these Terms of Service shall be construed against the drafting party.

Article 20 - Assignment

You may not delegate, assign, or transfer any of your rights or obligations under this Agreement or these Terms of Service without our prior written consent. Any such attempt shall be null and void. We may assign, transfer, or delegate these Terms of Service and our rights and obligations without your consent or notice.

Article 21 - Governing Law

These Terms of Service and any separate agreements we provide for the Service shall be governed by and construed in accordance with the laws of the federal and state (or territorial) courts having jurisdiction over the location of Happilaff's headquarters. You and Happilaff consent to the venue and personal jurisdiction of such courts.

Article 22 - Headings

The headings used in this Agreement are for convenience only and shall not affect the interpretation or application of these Terms of Service.

Article 23 - 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 the Terms of Service in accordance with applicable law. Such changes will be effective as of the date stated in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.