Terms of Service

1. Who we are and what you agree to

Happy Pet Gifts is a brand owned and operated by Popview LLC, a New Jersey limited liability company ("Popview LLC", "we", "us", "our"). By visiting happypetgifts.com, creating an order, or otherwise using our services (together, the "Services"), you agree to these Terms of Service ("Terms"), our Privacy Policy, Shipping Policy and Return & Refund Policy, which are part of these Terms. If you do not agree, do not use the Services.

You must be at least 18 years old, or the age of majority where you live, to place an order. By ordering you confirm that you meet this requirement and that the information you provide is accurate and complete.

2. Orders, acceptance and cancellation

Your order is an offer to buy. We accept it when we send an order confirmation, and a contract for the products in that confirmation is formed at that moment. We may refuse or cancel any order, in whole or in part, before it ships, including for suspected fraud, pricing or listing errors, stock or supplier problems, or violations of these Terms. If we cancel after charging you, we refund the amount charged for the cancelled items.

Most of our products are made to order. Because production starts quickly, cancellations and changes are only possible before your order enters production; see the Return & Refund Policy for the window and how to ask.

3. Prices, taxes and payment

Prices are shown in USD and may change at any time without notice. The price charged is the price shown at checkout when you place the order. Sales tax, shipping and any applicable duties are calculated and shown at checkout. Where a product is listed at an obviously incorrect price, we may cancel the order and refund you rather than honour the incorrect price.

Payment is processed by Stripe. We do not see or store your full card number. By submitting payment you represent that you are authorised to use the payment method. Promotional codes and volume pricing are applied only as shown at checkout, cannot be applied after an order is placed, and may be withdrawn or limited at any time.

4. Personalised products and your content

When you supply text, names, photographs or other content for a personalised product ("Your Content"), you keep ownership of it. You grant Popview LLC and its production partners a non-exclusive, worldwide, royalty-free licence to store, reproduce, adapt (for example to crop, resize or print) and use Your Content solely to produce, ship and support your order, to handle any dispute about it, and as otherwise described in our Privacy Policy.

You confirm that you own or have all rights and permissions needed for Your Content, including consent from any person shown in a photograph, and that Your Content does not infringe anyone's rights, is not unlawful, hateful, harassing, sexually explicit, or otherwise objectionable, and does not include trademarks, logos or copyrighted material you are not licensed to use. We may decline to produce any order whose content we consider objectionable or unlawful, and will refund it.

Personalised items are produced exactly as you enter them. Please check spelling, capitalisation and your photo before ordering. We are not responsible for errors in Your Content, but we will always try to help; contact support@happypetgifts.com.

5. Product descriptions and colours

We try to describe and photograph our products accurately, but we do not warrant that descriptions, images, dimensions or colours are exact. Screens show colours differently and printed colours can vary slightly between batches. Minor variations are not defects.

6. Intellectual property

The Services, including all designs, card templates, text, graphics, photographs, videos, logos, product names and software, are owned by or licensed to Popview LLC and protected by copyright, trademark and other laws. "Happy Pet Gifts" and our logos are trademarks of Popview LLC. You may not copy, reproduce, sell, distribute or create derivative works from any part of the Services without our written permission. Buying a product does not transfer any rights in its design.

7. Acceptable use

• Do not use the Services for any unlawful purpose or in a way that could harm us, our suppliers or other customers.
• Do not attempt to access accounts, systems or data you are not authorised to access, scrape or copy the Services, or interfere with their operation.
• Do not submit false, misleading or fraudulent information, including chargebacks for orders you received as described.
• Do not post or submit content that infringes others' rights or that is unlawful, defamatory or abusive.

8. Reviews and other submissions

If you submit a review, comment, photo or other material for public display (a "Submission"), you grant Popview LLC a perpetual, irrevocable, royalty-free, worldwide licence to use, edit, publish and distribute it in connection with our business, and you confirm it is honest and your own. We may remove any Submission at our discretion. We only publish reviews from real customers and never fabricate reviews.

9. Third-party services

The Services rely on third parties such as Stripe (payments), shipping carriers, email providers and analytics tools, and may link to third-party sites. We are not responsible for the content, policies or practices of third parties. Your use of them is governed by their own terms.

10. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you; in that case any implied warranty is limited to the shortest period allowed by law.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, POPVIEW LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUPPLIERS AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR ANY PRODUCT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO AN ORDER IS LIMITED TO THE AMOUNT YOU PAID FOR THAT ORDER, AND FOR ANY OTHER CLAIM TO ONE HUNDRED US DOLLARS (US$100). These limits apply even if a remedy fails of its essential purpose, and to the extent permitted where you live.

12. Indemnification

You agree to defend, indemnify and hold harmless Popview LLC and its members, managers, employees, contractors, suppliers and affiliates from any claim, loss, liability, damage or expense (including reasonable legal fees) arising from Your Content or Submissions, your breach of these Terms, or your violation of any law or third-party right.

13. Dispute resolution, arbitration and class action waiver

Please contact support@happypetgifts.com first; most concerns are resolved quickly and informally. If we cannot resolve a dispute within 60 days of you raising it, you and Popview LLC agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services or any order will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. The Federal Arbitration Act governs this clause. The arbitrator may award the same individual relief a court could.

YOU AND POPVIEW LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. Claims must be brought in a party's individual capacity only.

You may opt out of this arbitration agreement by emailing support@happypetgifts.com with the subject "Arbitration opt-out" within 30 days of your first order or first acceptance of these Terms. Opting out does not affect any other part of these Terms.

14. Governing law

These Terms and any dispute are governed by the laws of the State of New Jersey and applicable United States federal law, without regard to conflict-of-law rules. Subject to the arbitration clause, the state and federal courts located in New Jersey have exclusive jurisdiction, and you consent to their personal jurisdiction. Nothing in these Terms removes consumer protections you are entitled to under the mandatory law of the place where you live.

15. Changes, severability and the whole agreement

We may update these Terms at any time by posting the new version here with a new effective date. Changes apply to orders placed after they are posted. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver of it. These Terms, together with the policies they reference, are the entire agreement between you and Popview LLC about the Services. You may not assign your rights under these Terms; we may assign ours to an affiliate or a successor of the Happy Pet Gifts business.

16. Contact

Questions about these Terms: support@happypetgifts.com.