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Last updated: May 25, 2025
Welcome to Happy Birthday America, LLC ("we," "us," or "our"), a limited liability company registered in the State of Michigan. By accessing or using our website, happybirthdayamerica.com (the "Website"), you ("you" or "Customer") agree to be bound by these Terms and Services (the "Terms"). These Terms govern your use of the Website, purchases of clothing and apparel, and interactions with Happy Birthday America, LLC. If you do not agree with these Terms, please do not use our Website or purchase our products.
1.1. Acceptance of Terms: By accessing or using the Website, you agree to comply with these Terms, our Privacy Policy, and all applicable local, state, and federal laws, including but not limited to Michigan’s Consumer Protection Act (MCL 445.901 et seq.) and federal e-commerce regulations.
1.2. Changes to Terms: We reserve the right to modify these Terms at any time. Changes will be posted on the Website and effective immediately upon posting. Your continued use of the Website constitutes acceptance of the updated Terms.
1.3. Eligibility: You must be at least 18 years old or have the consent of a parent or legal guardian to use our Website or make purchases.
1.4. Michigan Business Registration: Happy Birthday America, LLC is a registered limited liability company under the laws of Michigan, operating in compliance with the Michigan Limited Liability Company Act (MCL 450.4101 et seq.)
2.1. Product Availability: All clothing and apparel listed on happybirthdayamerica.com are subject to availability. We reserve the right to limit quantities, discontinue products, or cancel orders at our discretion due to stock limitations or other reasons.
2.2. Pricing: Prices are listed in U.S. dollars (USD) and exclude applicable taxes unless otherwise stated. We strive to ensure pricing accuracy; however, any pricing errors or mistakes displayed on the Website are null and void. In the event of a pricing error, we may cancel or refuse orders placed at the incorrect price and will notify you promptly.
2.3. Product Descriptions: We aim to provide accurate descriptions, images, and specifications for our products. Our shirts are designed to be true to size based on standard U.S. sizing charts, as indicated on the Website. However, we do not guarantee that all details are error-free or that products will fit every individual perfectly due to variations in body types or manufacturing tolerances. Colors and other features may vary slightly due to manufacturing processes or display settings.
2.4. Sales Tax: As required by Michigan law (Michigan Sales Tax Act, MCL 205.51 et seq.), we collect and remit sales tax on taxable goods shipped to Michigan addresses. Customers are responsible for any applicable sales or use taxes in other jurisdictions.
3.1. Order Placement: By placing an order, you confirm that all provided information (e.g., billing, shipping, and payment details) is accurate and complete. We reserve the right to reject or cancel orders at our discretion, including for suspected fraud, unauthorized activity, or violation of these Terms.
3.2. Payment: We accept payments via the methods listed on the Website. You authorize us to charge the total order amount, including taxes and any applicable fees, to your chosen payment method.
3.3. Order Confirmation: Upon successful order placement, you will receive an email confirmation. This does not guarantee product availability or fulfillment, as orders are subject to stock verification and payment processing.
3.4. Ownership and Risk of Loss: Ownership of products transfers to you upon full payment and delivery. Risk of loss transfers to you upon delivery to the shipping carrier, in accordance with Michigan’s Uniform Commercial Code (MCL 440.2101 et seq.).
4.1. Free Shipping for In-Stock Items: We offer free shipping on in-stock items to addresses within the United States, with delivery typically within 5 business days from the order date.
4.2. Backordered Items: Backordered items are typically processed and shipped within 30 days from the order date.
4.3. Shipping Caveats: Delivery timelines are estimates and subject to change due to market availability, unforeseen circumstances (e.g., weather, carrier delays, supply chain disruptions), or other factors beyond our control. We are not liable for delays caused by such circumstances. We comply with the FTC’s Mail, Internet, or Telephone Order Merchandise Rule (16 CFR Part 435) by notifying customers of delays exceeding 30 days and offering refund options where required.
4.4. Shipping Locations: We ship to addresses within the United States. International shipping is not currently offered but may be available in the future, subject to additional terms.
4.5. Lost or Damaged Shipments: If an order is lost or damaged during shipping, contact us at usa@happybirthdayamerica.com within 7 days of the expected delivery date. We will work with the carrier to resolve the issue, but our liability is limited as described in Section 9.
5.1. No Returns or Refunds Policy: Happy Birthday America, LLC does not offer returns or refunds for purchased items, except as required by law for defective or incorrect items (see Section 5.2). All sales are final. This includes, but is not limited to, returns due to sizing issues, change of mind, or dissatisfaction with the product’s appearance or fit. Customers are encouraged to review sizing charts and product descriptions carefully before purchasing, as our shirts are true to size based on standard U.S. sizing.
5.2. Exceptions for Defective or Incorrect Items: In accordance with Michigan’s Consumer Protection Act (MCL 445.901 et seq.) and Michigan’s Uniform Commercial Code (MCL 440.2101 et seq.), we will honor returns or refunds for defective items (e.g., damaged upon receipt, manufacturing defects such as faulty stitching or materials) or incorrect items (e.g., wrong item shipped). Contact us at usa@happybirthdayamerica.com within 7 days of delivery to report a defective or incorrect item. Upon receipt and inspection of the returned item, we will provide a replacement, refund, or store credit, at our discretion, as required by Michigan law. Customers are responsible for return shipping costs unless the issue is due to our error (e.g., incorrect item shipped).
5.3. Consumer Rights: Michigan residents are entitled to protections under the Michigan Consumer Protection Act, which prohibits unfair or deceptive practices and requires remedies for defective or non-conforming goods. Nothing in these Terms limits your statutory rights as a consumer under Michigan or federal law.
6.1. Permitted Use: You agree to use the Website for lawful purposes and in accordance with these Terms. The Website is intended for personal, non-commercial use unless otherwise agreed in writing.
6.2. Prohibited Actions: You may not:
6.3. Account Security: If you create an account, you are responsible for maintaining the confidentiality of your login credentials and all activities under your account.
7.1. Ownership: All content on the Website, including text, images, logos, designs, and trademarks, is the property of Happy Birthday America, LLC or its licensors and is protected by U.S. copyright, trademark, and other intellectual property laws, as well as Michigan law. The name "Happy Birthday America" is the subject of a pending trademark application with the U.S. Patent and Trademark Office and is protected as our intellectual property. Unauthorized use of the "Happy Birthday America" mark or any content on the Website may violate trademark, copyright, or other laws.
7.2. Limited License: You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works from our content, including the "Happy Birthday America" mark, without prior written consent from Happy Birthday America, LLC.
7.3. User-Generated Content: If you submit content (e.g., reviews, photos), you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content in connection with our business. You agree not to submit content that infringes on any third-party intellectual property rights.
8.1. Privacy Policy: Your use of the Website is subject to our Privacy Policy, available at [happybirthdayamerica.com/privacy-policy], which outlines how we collect, use, and protect your personal information.
8.2. Michigan Data Protection: We comply with Michigan’s Identity Theft Protection Act (MCL 445.61 et seq.) by implementing reasonable safeguards for your personal information, such as secure payment processing and data encryption.
8.3. Consumer Data Rights: Michigan residents have the right to request information about the collection and use of their personal data under state law. Contact us at usa@happybirthdayamerica.com to exercise these rights.
9.1. Disclaimer of Warranties: The Website and products are provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by Michigan and federal law. While our shirts are true to size based on standard U.S. sizing, we do not guarantee a perfect fit for every individual.
9.2. Liability Cap: To the fullest extent permitted by law, Happy Birthday America, LLC shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Website or products, including but not limited to lost profits, data, or goodwill. Our total liability shall not exceed the amount paid by you for the products in question.
9.3. Product Use: We are not liable for damages resulting from improper use, care, or handling of our products, including failure to follow care instructions.
9.4. Website Errors: We are not liable for errors, interruptions, or inaccuracies on the Website, including technical issues or typographical errors.
We reserve the right to suspend or terminate your access to the Website at our discretion, without notice, if you violate these Terms, engage in fraudulent activity, or conduct activities that harm our business or other users.
11.1. Governing Law: These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict of law principles, in accordance with the Michigan Uniform Commercial Code (MCL 440.2101 et seq.) and other applicable statutes.
11.2. Dispute Resolution: Any disputes arising from these Terms or your use of the Website shall first be addressed through good-faith negotiation. If unresolved, disputes shall be subject to the exclusive jurisdiction of the state or federal courts in Macomb County, Michigan.
11.3. Consumer Protections: Nothing in these Terms limits your rights under the Michigan Consumer Protection Act or federal consumer protection laws enforced by the Federal Trade Commission (FTC).
Happy Birthday America, LLC is not liable for delays or failures to perform due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, labor disputes, supply chain disruptions, or governmental actions.
13.1. Michigan Consumer Protection Act: We comply with the Michigan Consumer Protection Act (MCL 445.901 et seq.) by ensuring fair business practices, transparent pricing, and remedies for defective or incorrect goods, as outlined in Section 5.
13.2. Federal E-Commerce Laws: We adhere to the FTC’s Mail, Internet, or Telephone Order Merchandise Rule (16 CFR Part 435), requiring timely delivery or notification of delays and clear refund options for defective/incorrect items.
13.3. Accessibility: The Website strives to comply with the Americans with Disabilities Act (ADA) to ensure accessibility for all users. Contact us at usa@happybirthdayamerica.com if you encounter accessibility issues.
For questions, concerns, or assistance, including requests related to your consumer rights, data protection, or defective/incorrect items, please contact us at:
Happy Birthday America, LLC
Email: usa@happybirthdayamerica.com
15.1. Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Happy Birthday America, LLC regarding the Website and its use.
15.2. Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
15.3. No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.
15.4. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations to a third party in connection with a business sale or merger.
Happy Birthday America, LLC
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