Terms of service

TERMS OF SERVICE

Last Updated: December 7, 2025

OVERVIEW

Welcome to The Happy Brand! The terms “we”, “us” and “our” refer to The Happy Brand. The Happy Brand operates this store and website, including all related information, content, features, tools, products and services in order to provide you with a curated shopping experience (the “Services”). The Happy Brand is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”) describe your rights and responsibilities when using the Services. By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction, and you consent to allow any minor dependents to use the Services on devices you own or manage.

To use the Services, you may be asked to provide certain information, including billing, shipping, and payment details. You represent that all information is correct, current, and complete.

You are responsible for maintaining the security of your account credentials. You may not transfer or assign your account to another person.

SECTION 2 – OUR PRODUCTS

We make every effort to accurately display products, but colors and appearance may vary due to device settings. We do not guarantee that product appearance or quality will meet your expectations.

All product descriptions are subject to change without notice, and we may limit quantities or discontinue products at any time.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. The Happy Brand may accept or decline your order at its discretion. Your order is accepted when payment is processed and we send confirmation.

Orders may not be cancellable once accepted. If changes are needed, we will attempt to contact you using the information provided at checkout.

Returns and exchanges are governed solely by our Refund Policy.

You represent that purchases are for personal use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, promotions, and discounts may change at any time. Posted prices do not include taxes, shipping, or additional fees unless stated.

You agree to provide accurate payment information and to promptly update billing details. By submitting payment, you confirm that you are authorized to use the payment method and that charges will be honored.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs, or events outside our control. Once an item is transferred to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

All trademarks, logos, branding, text, images, designs, and content on the Services are owned by The Happy Brand or its licensors. You may use the Services only for personal, non-commercial purposes.

You may not reproduce, distribute, modify, or transmit materials without written consent. Unauthorized use may violate intellectual property laws.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and without warranties. Your use of such tools is at your own risk. Future new features will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

We are not responsible for third-party websites linked from our Services. Accessing such sites is at your own risk. Review third-party policies before engaging in transactions.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

This section is required by Shopify and should not be altered.

The Happy Brand is powered by Shopify. All purchases are made directly with The Happy Brand. Shopify is not responsible for purchases, products, or transactions between you and The Happy Brand.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is governed by our Privacy Policy. Shopify also collects and processes data in order to operate and improve its platform.

SECTION 11 – FEEDBACK

If you submit ideas, suggestions, or reviews (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use and display such Feedback for any purpose.

You represent that you own your Feedback and that it complies with these Terms. We may remove content that violates policies.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be errors in product descriptions, pricing, promotions, or availability. We reserve the right to correct errors and update or cancel orders when needed.

SECTION 13 – PROHIBITED USES

You may not use the Services to:

Engage in unlawful activity
Violate intellectual property rights
Transmit malware or harmful code
Impersonate others
Collect personal information without consent
Disrupt security features

We may suspend or terminate your account if you violate these Terms.

SECTION 14 – TERMINATION

We may terminate your access to the Services at any time without notice. Sections relating to intellectual property, disclaimers, liability limits, indemnification, and arbitration survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and products are provided “as is” and “as available,” without warranties of any kind. We do not guarantee uninterrupted or error-free operation.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent allowed by law, The Happy Brand and its affiliates are not liable for indirect, incidental, punitive, or consequential damages arising from use of the Services or products.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless The Happy Brand, Shopify, and their affiliates from claims arising out of your breach of these Terms or violation of any law or rights.

SECTION 18 – SEVERABILITY

If any provision is found unenforceable, the remainder remains in effect to the fullest extent permitted by law.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any right is not a waiver. These Terms constitute the entire agreement between you and The Happy Brand.

SECTION 20 – ASSIGNMENT

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

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of the state where The Happy Brand is headquartered. You consent to jurisdiction in those courts.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

We may update these Terms at any time by posting revisions. Continued use of the Services constitutes acceptance of updated Terms.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms should be sent to:

📧 info@thehappybrand.com

SECTION 25 – SMS MARKETING TERMS

By consenting to The Happy Brand’s SMS marketing, you agree to receive:

Order updates (including abandoned cart reminders)
Marketing messages
Review requests
Transactional notifications

Message frequency varies. Consent is not a condition of purchase. Message and data rates may apply.

To unsubscribe:

Reply STOP, END, UNSUBSCRIBE, CANCEL, or QUIT
Use the unsubscribe link in our messages

For help, reply HELP or email info@thehappybrand.com.

We may change the sending number or short code at any time.

SECTION 26 – ARBITRATION & CLASS ACTION WAIVER

1. Arbitration Agreement

By using or purchasing The Happy Brand products or services, you agree that any dispute or claim arising from:

(a) these Terms,
(b) your use of The Happy Brand’s website or Services, or
(c) any alleged violation of law,

will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association.

Arbitration replaces the right to sue in court or have a trial before a judge or jury.

Arbitration Procedures

A single arbitrator will hear the claim.
Arbitration will occur in Franklin County, Ohio, USA (phone or document-only appearances allowed).
Governed by the Federal Arbitration Act (FAA) and Ohio law.
Each party pays its own legal fees unless otherwise required.

2. Right to Opt Out

You may opt out within 30 days of your first purchase by emailing: