Terms of service

OVERVIEW
Welcome to The Happy Memoirs! The terms "we", "us" and "our" refer to The Happy Memoirs. The Happy Memoirs 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"). The Happy Memoirs 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 of Service 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, available at https://thehappymemoirs.com/policies/privacy-policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order with The Happy Memoirs, you are making an offer to purchase our products. We reserve the right to accept or decline orders at our discretion, subject to applicable laws. Your order is considered accepted once we confirm your purchase and successfully process your payment.

Please carefully review your order details, including photo uploads, quantities, personalization requests, and shipping information, before completing your purchase.

Because our products are personalized and made to order, cancellations or modifications may only be accommodated before production begins. Once production has started, we may be unable to cancel or modify your order.

All purchases are subject to our Refund & Replacement Policy, including the conditions applicable to personalized products. Please review our policy at https://thehappymemoirs.com/policies/refund-policy before placing your order.

We welcome both individual and bulk orders for personal, educational, promotional, and business purposes.

If we need to modify or cancel an order, we will make reasonable efforts to notify you using the contact information provided at checkout. Any refunds owed will be processed in accordance with applicable laws and our published policies.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
At The Happy Memoirs, our personalized photo magnets are handmade with care and prepared specifically for each customer.

Processing Time

Orders are typically processed and prepared for shipment within 1–3 business days after the order is placed, excluding weekends and holidays.

Shipping Rates

Standard Shipping: $8.00 flat rate
Free Standard Shipping: Orders of $50 or more

Shipping and Delivery

Orders are shipped using USPS Ground Advantage, with an estimated transit time of 2–5 business days after USPS accepts the package.

The combined estimated processing and delivery timeframe is 3–8 business days. Delivery times are estimates and are not guaranteed.

Order Tracking

Once your order has shipped, tracking information will be provided through your shipping confirmation email.

Shipping Delays

While we make every effort to ship orders within our stated processing timeframe, unexpected circumstances may occasionally cause delays.

If we are unable to ship your order within the promised timeframe, we will notify you and provide the option to agree to a revised shipping date or cancel your order for a refund, as required by applicable law.

Carrier delays, weather conditions, holidays, and other circumstances outside our control may affect delivery times after shipment.

Lost or Damaged Packages
If your order arrives damaged or appears to be lost during shipping, please contact us through our Contact Us page and provide your order number along with a description of the issue.

If your package arrives damaged, please include clear photographs of the damaged item and packaging to help us review your concern.

We will review the situation and assist you in resolving the issue in accordance with our Refund & Replacement Policy and applicable consumer protection laws.

SECTION 6 - INTELLECTUAL PROPERTY

Our Intellectual Property

All original content on The Happy Memoirs website, including our business name, logo, branding, product photographs, graphics, designs, text, and other materials created or owned by The Happy Memoirs, is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, sell, or commercially use our original content without our prior written permission, except as permitted by law.

Customer-Uploaded Photographs and Designs

Customers retain ownership of the photographs, images, and original designs they upload when placing personalized orders.

By uploading content to our website, you confirm that you own the content or have the necessary rights and permissions to use it for the products you are ordering.

You grant The Happy Memoirs and its authorized production and technology service providers a limited, non-exclusive license to access, reproduce, adjust, print, and process your uploaded content solely for fulfilling your order and providing related customer support.

Respect for Copyright and Privacy

Customers are responsible for ensuring that their uploaded content does not unlawfully infringe the copyrights, trademarks, privacy rights, or other legal rights of third parties.

We reserve the right to decline orders containing content that we reasonably believe violates applicable laws or the rights of others.

Use of Customer Photos

We respect the personal and sentimental value of your photographs.

We will not use your uploaded photographs for advertising, social media, promotional materials, or public display without your separate permission.

Our handling of uploaded photographs and personal information is further described in our Privacy Policy.

Nothing in these Terms transfers ownership of customer-uploaded photographs to The Happy Memoirs or limits rights that cannot lawfully be waived.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
The Happy Memoirs is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Happy Memoirs. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Happy Memoirs, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Happy Memoirs.

SECTION 10 - PRIVACY POLICY
All personal information collected through our Services is handled in accordance with our Privacy Policy.

Because The Happy Memoirs is powered by Shopify, certain personal information may also be collected and processed by Shopify to provide and improve the Services. You can learn more by reviewing Shopify's Privacy Policy.

Information provided through our website, including customer details and uploaded photographs, may be processed by authorized third-party service providers as necessary to fulfill orders and operate our business.

For more information about how we collect, use, store, and protect your personal information, please review our Privacy Policy.

SECTION 11 - FEEDBACK
We welcome and appreciate feedback, reviews, testimonials, suggestions, and comments from our customers regarding their experiences with The Happy Memoirs.

Customer Reviews and Feedback

By voluntarily submitting reviews, testimonials, comments, suggestions, or other feedback ("Feedback"), you grant The Happy Memoirs a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and share such Feedback for legitimate business purposes, including customer service, website improvements, and promotional activities, subject to applicable law.

You confirm that you own or have the necessary rights and permissions to submit such Feedback and that its use does not violate the rights of others.

We reserve the right to moderate or remove reviews or Feedback that contain unlawful, abusive, misleading, fraudulent, or otherwise inappropriate content, subject to applicable laws.

Customer-Uploaded Photographs

Photographs and images uploaded solely for creating personalized photo magnets are not considered Feedback under this section.

Customers retain ownership of their uploaded photographs and designs, as described in Section 6 – Intellectual Property.

We will not use photographs submitted for order fulfillment in advertising, social media, promotional materials, or public displays without the customer's separate permission.

Photos Included in Customer Reviews

If you voluntarily submit photographs with a product review, those photographs may be displayed as part of your review on our website, subject to your submission choices and applicable privacy laws.

We will obtain additional permission before using review photographs in separate advertising campaigns or other promotional materials outside the original review context.

Feedback Guidelines

Customers agree not to submit Feedback containing unlawful, defamatory, abusive, fraudulent, or infringing content.

We may review, moderate, or remove Feedback when appropriate, consistent with applicable laws and our published policies.

Nothing in this section limits any rights customers may have under applicable consumer protection or privacy laws.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

(a) For any unlawful or malicious purpose;

(b) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

(d) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;

(e) To transmit false or misleading information;

(f) To send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms;

(g) To transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;

(h) To impersonate or attempt to impersonate any other person or entity; or

(i) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm The Happy Memoirs, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:

(a) Upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;

(b) Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;

(d) Spam, phish, pharm, or pretext the Services;

(e) Use any robot, spider, scraping tool, data gathering or extraction tool, automatic device or process, AI tool (such as agentic AI), or automated or manual means to access the Services; or

(f) Interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. 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 visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY THE HAPPY MEMOIRS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL THE HAPPY MEMOIRS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Happy Memoirs, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us 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 constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any disputes arising from or relating to the use of our website, products, or services shall be governed by and interpreted in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles.

Nothing in these Terms limits or excludes any mandatory consumer protection rights or legal remedies available to customers under applicable law.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - 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 these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
If you have any questions or concerns regarding these Terms of Service, your order, or our products, please reach out to us through our website.

The Happy Memoirs

Website: https://thehappymemoirs.com

We value our customers and are always happy to assist with questions, concerns, or order-related inquiries.