Terms & Conditions

PURCHASING TERMS AND CONDITIONS Shipping  

At this time, Tagged & Happy ships merchandise only to locations within the continental United States.  The risk of loss and title for all merchandise ordered on this Website passes to you when the merchandise is delivered to the shipping carrier.  

Returns / Exchanges

Merchandise that is received in a defective condition or is the wrong size can be returned within 7 days from the date of delivery (as confirmed by the records of the shipping agent).  We will issue a refund, or replace the item with a comparable item, provided the returned item is in good and saleable condition, has not been worn or washed, and the tags are attached.  You must return the item with a receipt or other proof of purchase. In addition to the receipt, please indicate whether you are seeking a return or an exchange, and if you are seeking an exchange, please clearly specify the item requested.  While we want to ensure that all customers are satisfied with their purchase, we cannot accept returns or exchanges that do not meet these requirements.   

Purchases of items that are on sale or purchased at less than retail prices are final and these items cannot be returned. 

Processing of Returns

To return your product, please mail it to:  3055 Lorna Road, Suite 200, Hoover, AL  35216  and email us at return@taggedandhappy.com.  You are responsible for all shipping costs associated with returning the item to us.  Once we receive your return and inspect the item, we will send you an email notifying you that we have received the return and notifying you whether or not the return has been accepted.  If the return is approved, then your refund will be processed and a credit will be issued in the original form of payment. Shipping and Handling costs are not refundable.  

Warranty  

TAGGED AND HAPPY MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED WITH RESPECT TO ANY PRODUCT, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.  TAGGED AND HAPPY'S SOLE OBLIGATION AND LIABILITY FOR PRODUCT DEFECT SHALL BE, AT TAGGED AND HAPPY'S OPTION TO REPLACE SUCH DEFECTIVE PRODUCT OR REFUND YOU THE AMOUNT YOU PAID FOR SUCH ITEM (IN THE ORIGINAL FORM OF PAYMENT).  IN NO EVENT SHALL TAGGED & HAPPY'S LIABILITY EXCEED THE AMOUNT YOU PAID TAGGED & HAPPY FOR THE ITEM.  TO MAKE A WARRANTY CLAIM, YOU MUST NOTIFY TAGGED & HAPPY, IN WRITING, OF THE DEFECT AND RETURN THE DEFECTIVE PRODUCT IN ACCORDANCE WITH OUR RETURN POLICY SPECIFIED IN THESE TERMS.  TAGGED & HAPPY SHALL HAVE NO OBLIGATIONS UNDER THIS WARRANTY IF THE ITEM HAS BEEN WORN, WASHED, OR DAMAGED BY NEGLECT, MISUSE, ACCIDENT OR MODIFICATION.   

Legal Age

You must be of legal age to make a purchase on the Website.  By placing an order and agreeing to these terms, you represent that you are at least the age of majority in your state of residence. 

Pricing, Availability and Characteristics of Merchandise

Prices for our products are subject to change without notice.  Certain products may be available only in limited quantities, sizes or colors through the website.  We have made every effort to display as accurately as possible the colors and images of our products on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.  All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Website is void where prohibited. 

Limitations on Sales  

We reserve the right to limit the quantities of any products that we offer and to refuse any order placed with us. We may exercise this right on a case-by-case basis.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

WEBSITE TERMS

Content

All items and materials appearing on the Website, including but not limited to, the text, logos, images, types faces, photographs, illustrations, sounds and other material, including but not limited to the t-shirt designs and designs and images used on other items (collectively the "Content") are the exclusive property of Tagged & Happy or our licensors and are protected under applicable copyright, trademark and other laws.  Any Content that is also a trademark or service mark including, but not limited to, #:), "Tagged & Happy", the slogans on each item and their respective logos and designs (collectively, the "Marks") are the registered or unregistered trademarks of Tagged & Happy.  Any other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.  You may not use the Content in any way, including copying, printing, distributing, publishing, uploading, posting or transmitting the Content or creating other merchandise bearing the Marks.   

Use of the Website

You agree to comply with all applicable laws, rules and regulations when using the Website.   

Without Tagged & Happy express written consent, you may not:  

  • frame or utilize framing techniques to enclose any portion of the Content;  
  • link to any portion of the Website other than the home page (no "deep linking");  
  • attempt to obtain unauthorized access to the Website; 
  • use the Website in a manner that causes an unreasonable burden on the system and prevents others from using the Website, as determined in Tagged & Happy sole discretion;  
  • copy or distribute the photographs of merchandise available on the Website; or  
  • create merchandise bearing the same slogans and/or logos of the merchandise. 

In addition to other prohibitions as set forth in these terms, you may not use the Website, the Content or the merchandise: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any orders you have made if we find you have violated these terms.   

Creating an Account

In order to access or use certain features of the Website, you may have to create an account and/or provide us with certain information about yourself (“User Information”). User Information may include, but is not limited to, your name and personal contact information. In order to use such features of the Website, you must provide all requested User Information. You represent and warrant that any User Information you provide to Tagged & Happy in conjunction with such features will be true and correct. 

If the Website feature you use requires you to create a user name and password (your “Login Information”), you are responsible for safeguarding and maintaining the confidentiality of your Login Information so that others may not access any password protected portion of the Website using your Login Information. You are responsible for all activity that occurs using your Login Information, whether or not you have authorized the activity. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

Submitting or Posting Information to the Website

Certain features of the Website allow you to post, transmit or upload your own materials to the Website ("User Submissions").  "User Submissions" include information, materials or communications including, but not limited to, feedback, questions, comments suggestions, ideas, graphics or computer files of any type that you submit to the Website. User Submissions are considered and treated as non-confidential and non-proprietary. Tagged & Happy is free to use, copy, modify, adapt, publish, translate, distribute and/or incorporate User Submissions in any way for any purpose including, without limitation, developing, manufacturing and marketing purposes without an obligation to recognize or compensate you. 

You may not post or transmit and your User Submissions may not include or incorporate any unlawful, threatening, abusive, offensive, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, or anticompetitive materials or any material that could constitute or encourage conduct that would result in criminal or civil liability, violate the rights of third parties, or otherwise violate any law, including copyright laws.  You represent, warrant and agree that User Submissions submitted, posted, transmitted, or shared by you will not infringe upon the rights of any third party, including but not limited to copyright, trademark, or privacy rights; and will not contain defamatory or discriminatory or otherwise unlawful material.  You agree that Tagged & Happy has no obligation to use or respond to any User Submissions.  

User Submissions are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of Tagged & Happy.  Tagged & Happy is not responsible for User Submissions. 

By posting material on the Website relying on social media platforms, such as Facebook or Twitter, you agree to comply with the terms and conditions of that particular social media platform as well as these terms.   

Website Monitoring

Tagged & Happy has no obligation to monitor, screen, or police the Website, but we reserve the right to do so at any time. In our sole discretion we may prohibit or enjoin any use of the Website that violates these terms or otherwise restricts or prevents other users from accessing or using the Website. 

Security

YOU ACKNOWLEDGE THAT THE INTERNET IS AN OPEN SYSTEM, AND TAGGED & HAPPY CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT THIRD PARTIES CANNOT OR WILL NOT INTERCEPT OR MODIFY INFORMATION SUBMITTED TO TAGGED & HAPPY OR MONITOR YOUR USE OF THE WEBSITE. NO TRANSMISSION VIA THE INTERNET IS 100% SECURE.   

Links to Other Websites

The Website may contain links to other Website that are not under Tagged & Happy control and are not governed by these terms (the "Linked Sites"). Linked Sites are not reviewed or endorsed by Tagged & Happy, and Tagged & Happy is not responsible for or affiliated with the Linked Sites. These links are provided solely as a convenience to you, and Tagged & Happy makes no warranties or representations as to Linked Sites including, without limitation, warranties or representations as to the contents, privacy policies, or applicability of the Linked Sites.  

PRIVACY

We use any information that you submit to Tagged & Happy through the Website in accordance with our <<Privacy Policy>>.  The Privacy Policy is incorporated into these terms and by using the Website or purchasing merchandise you agree to use of your information as provided in the Privacy Policy.   

GENERAL TERMS

Disclaimer

The Website and the Content and all information regarding products included therein, are for informational purposes only and are provided “AS IS,” "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, 

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. 

TAGGED & HAPPY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, AND MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, USEFULNESS, 

TIMELINESS, OR RELIABILITY OF INFORMATION CONTAINED IN OR ON THE WEBSITE.  TAGGED & HAPPY DOES NOT ENDORSE, APPROVE OR CERTIFY THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE THAT IS PROVIDED OR POSTED BY OTHERS. 

Occasionally there may be information on our Website that contains 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 on the Website is inaccurate at any time without prior notice (including after you have submitted your order). 

Limitation of Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL TAGGED & HAPPY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OR INJURIES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, 

USE, INABILITY TO USE, OR YOUR RELIANCE ON ANY OF THE CONTENT ON THE WEBSITE OR YOUR PURCHASES FROM THE WEBSITE, REGARDLESS OF WHETHER TAGGED & HAPPY HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. 

Indemnification

You agree to indemnify, defend, and hold harmless Tagged & Happy, its subsidiaries, affiliates, officers, directors, employees, agents or representatives from and against all claims, allegations, demands, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these terms or any activity related to your accessing the Website, your use of Content or your User Submissions to the Website, or purchases from the Website by you or any other person accessing the Website using your account. 

Termination  

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, we may terminate your access to the Website at any time without notice and you will remain liable for all amounts due up to and including the date of termination.  

Governing Law / Geographic Jurisdiction

Your use of the Website and any purchases you make through the Website shall be governed in all respects by the laws of the State of Alabama, USA, without regard to its choice of law provisions. By accessing the Website and/or making purchases, you expressly agree and irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in Jefferson County, Alabama, and agree not to raise lack of jurisdiction or improper venue as a defense to any suit filed in such court. Tagged & Happy makes no representations that the Content is appropriate or available for use in other locations or that merchandise can be delivered to all locations. Those who access the Website from other locations are solely responsible for compliance with all local laws. 

Your use of the Website must be in compliance with all procedures, rules and policies established by Tagged & Happy, and all applicable federal, state, and local laws and regulations including, without limitation, the Communications Decency Act (47 U.S.C. § 223 et. seq.) and the Digital Millennium Copyright Act (17 U.S.C. § 101 et. seq.). 

Waiver  

Our failure to insist on performance of any term, condition, or instruction, or to exercise any right or privilege in these terms, or our waiver of any breach, shall not thereafter waive any such term, condition, instruction, and/or any right or privilege.  

Severability  

If any term, condition, or provision of these terms is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.  

Construction and Enforcement  

You agree that regardless of any statute or law to the contrary, any proceeding, legal or equitable, under these terms shall be instituted within one year after the cause of action arose, or shall be forever barred. The section titles in these terms are for convenience and general reference only and shall not be construed to describe, define, or limit the scope or intent of the provisions of these terms. 

Cooperation with Law Enforcement  

Tagged & Happy will cooperate fully with any law enforcement authorities or court order requesting or directing Tagged & Happy to disclose the identity of anyone posting any information or materials that violate or using the Website in a manner that violates the laws or generates third party liability.  We may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of Tagged & Happy, another user, or any other third-party. 

Entire Agreement

These terms represent the entire agreement between you and Tagged & Happy and govern the use of the Website, Content and sales of merchandise.  

COPYRIGHT POLICY

We have adopted the following policy toward copyright and intellectual property infringement. The address of our Designated Agent to receive notification of claimed infringement (“Designated Agent”) is: 

Tagged & Happy  

Attn:  Copyright Agent 

_ _ _ _

_ _ _ _

copyright@taggedandhappy.com 

We respect the intellectual property of others, and we ask our users to do the same. If you believe that material residing on this Website infringes your copyright or other intellectual property right, you must send a written notice of the claimed infringement to the Designated Agent listed above. The notice must specify the type of infringement at issue and include the following information: 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest; 
  2. A description of the work that you claim has been infringed upon; 
  3. A description of where the material you claim is infringing is located on the Website 

(in sufficient detail to allow us to locate it on the Website);  

  1. Your address, telephone number, and email address;  
  2. A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law; and 
  3. A statement by you, made under penalty of perjury, that the above information you submit is accurate and that you are the owner of the intellectual property or authorized to act on the owner's behalf. 

Once a proper notice is received by our Designated Agent, Tagged & Happy will investigate the allegations in the notice, and if appropriate, remove or disable access to the allegedly infringing material. 

CHANGE TO TERMS OF USE

We may make changes to the Website, the Content, the products, the pricing, these terms, or the policies and conditions that govern the use of the Website and Content at any time without notice or liability. Any changes or updates will be posted here, and your access or use of the Website or purchase of merchandise following such changes shall be deemed your acceptance of these changes or updates. 

© 2014 Tagged & Happy LLC All rights reserved.