Terms Of Use

Welcome!

We've drafted these Terms of Use so you'll know the rules that govern our relationship with you as a user of "Happytiles". Please read them carefully before using "Happytiles". They describe the legally binding terms, conditions and requirements that govern your use and purchase of products from the "Happytiles" website. "Happytiles" reserves the right to update and change these Terms of Use at any time without notice.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

By visiting the "Happytiles" website or using the products and services, you confirm that you are in agreement with and bound by these Terms of Use and the "Happytiles" Privacy Policy. If you do not agree to these Terms of Use, please do not purchase any products through the "Happytiles" website or otherwise use the website.

If you have any questions about these Terms of Use, please contact the "Happytiles" team at hey@happytiles.com. In these Terms of Use, "you" refers both to you as an individual and to the entity you represent. You may access and use "Happytiles" only for your personal and noncommercial use.

In using the "Happytiles" website, you MUST not do any of the following:

(a) transmit any malicious software, scrape, reverse-engineer, duplicate or copy the "Happytiles" website, or parts of it;

(b) falsely state your identity, use any fraudulent, misleading or knowingly inaccurate contact information;

(i) you do not own or do not have the lawful and legal right, license, or permission to use, reproduce, create, distribute and display;

(ii) violates the privacy or publicity rights of any person or entity;

(iii) is false, intentionally misleading or defamatory;

(iv) violates the intellectual property or proprietary rights of any third-party right;

(v) displays or depicts graphic violence or sexual acts;

(vi) contains unlawful contents, including illegal hate speech or incitement to violence, threatening or pornographic;

(vii) displays or depicts inappropriate child nudity or exploits or otherwise harms minors;

(viii) displays or depicts animal cruelty or violence towards animals; violates or advocates the violation of any applicable federal, state and local laws, regulations and ordinances.

If you violate any of these Terms, "Happytiles" reserves the right to reject any content and cancel your orders without notice.

NO ONE UNDER 13 YEARS OF AGE IS ALLOWED TO USE THE "Happytiles" WEBSITE. IF YOU ARE UNDER 18, BUT ABOVE 13 YEARS OF AGE, YOU MAY ONLY USE THE "Happytiles" WEBSITE WITH THE PRIOR CONSENT OF YOUR PARENT OR LEGAL GUARDIAN. PLEASE BE SURE YOUR PARENT, OR LEGAL GUARDIAN HAS ACCEPTED THESE TERMS OF USE ON YOUR BEHALF BEFORE YOU START USING THE "Happytiles" WEBSITE.

2. INDEMNIFICATION IN CASE OF TERMS OF USE VIOLATION

You agree to indemnify, defend and hold harmless "Happytiles" and its employees, officers, contractors, agents, subsidiaries or affiliates from all claims, lawsuits, losses, damages, judgments and expenses, including reasonable attorneys' fees and other litigation or defense costs and expenses due to, arising out of or relating in any way to:

(a) your violation or alleged violation of the "Happytiles" Terms of Use;

(b) your right, authority or license (or lack thereof) to use, reproduce, distribute and/or display content that you uploaded or transmitted to "Happytiles" or that "Happytiles" included in a product that you ordered or purchased through "Happytiles";

By using "Happytiles" to upload content or order any product that includes content, you represent and warrant that:

(a) you own or have the lawful and legal right or license to use, reproduce, create, distribute and display such content and anything depicted in such content;

(b) the content complies with all applicable federal, state and local laws, regulations and ordinances;

(d) the content does not infringe or violate the privacy or publicity rights of any person or entity; and (e) you are at least thirteen (13) years old.

By uploading or transmitting content to "Happytiles", you grant "Happytiles" a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from such content for the purposes of:

(a) creating, producing and fulfilling any products or services that you order or purchase from "Happytiles";

(b) marketing or otherwise displaying "Happytiles" products and services to you (at the email address you provide to "Happytiles" or from which you upload or transmit the content to "Happytiles"), including creating, displaying and sending you digital representations of "Happytiles" products that display your content;

(d) archiving or preserving the content for disputes, legal proceedings, or investigations.

3. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, "Happytiles" expressly disclaim any and all warranties or guarantees of any kind, whether express or implied, including but not limited to any warranties and remedies.

In addition, while we attempt to provide you with a good user experience, "Happytiles" does not represent or warrant that: (a) the service will be uninterrupted, timely, secure, or error-free, or (b) the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations or (c) that defects, if any, will be corrected.

You agree that "Happytiles" shall have no responsibility for any damages suffered by you in connection with the "Happytiles" website, services and products. You expressly agree that the use of the "Happytiles" website, including all content, data or software distributed by, downloaded or accessed from or through the "Happytiles" website, is at your sole risk. You understand and agree that you will be solely responsible for any damages resulting from your connection with "Happytiles".

You understand and agree that "Happytiles" makes no warranty or representation that confidentiality of information transmitted through the "Happytiles" website will be maintained. However, "Happytiles" does follow a Privacy Policy with respect to customer information.

In the event that the "Happytiles" website is available through any third-party platform or website, or if the "Happytiles" Website provides links to any third-party platform or website, or permits any third party to link to the "Happytiles" website, you understand and agree that "Happytiles" makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties, their platforms or websites, which are not under the control of "Happytiles".

4. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, "Happytiles" AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DISTRIBUTING OR MARKETING DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED RELATING TO PRODUCTS OR SERVICES provided by "Happytiles".

Including without limitations:

(a) the state and quality of "Happytiles" products;

(b) transport of "Happytiles" product to the address you provided;

(c) any physical damage of any kind which occurs in case of attachment, stick, re-stick "Happytiles" product on any surface;

(d) the duration "Happytiles" product will remain attached to any surface if you choose to attach them. Any implied or express information provided by "Happytiles" shall not create any warranty unless expressly stated in these Terms of Use.

YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY DISSATISFACTION WITH A "Happytiles" SERVICE OR PRODUCT IS TO OBTAIN A REFUND AND TO STOP USING THE PRODUCT, SERVICE OR "Happytiles" WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE "Happytiles" PARTIES ARISING OUT OF OR RELATING TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE FOR THE PRODUCT OR SERVICE THAT YOU PAID TO THE "Happytiles" PARTIES. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST "Happytiles" AND PARTICIPATE IN SUITS, ACTIONS, LEGAL PROCEEDINGS, OR ARBITRATIONS AGAINST "Happytiles", ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

5. RETURN AND REFUND POLICY

If the provided product has a defect happytiles will resend a replacement.

If the customer simply doesn’t like the product, new (unused items) can be returned to happytiles within 30 days of delivery at the expense of the customer.

If you want to return an item, please first reach out to customer support.

Please note that because all of our items are one-of-a-kind, those returns will incur a

50% restocking fee.

6. CANCELLATION POLICY

Once your order has been submitted we are immediately beginning the process of production of your personalized items.

If you would like to cancel your purchase, the restocking fee is 50% of the total amount of the item.

To cancel your order, please contact our customer support.

7. REVISIONS TO THE PRIVACY POLICY

We may change this privacy policy from time to time to reflect our current privacy practices. Changes may also be made due to new operational, legal or regulatory requirements.

For more information about our Terms of Use, if you have questions, or if you would like to make a complaint, please contact us by email at support@happytiles.com