Terms of service

OVERVIEW
Welcome to Cat and Happy. The terms "we", "us" and "our" refer to Cat and Happy. Cat and Happy 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"). Cat and Happy is powered by Shopify, which enables us to provide the Services to you.

These 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. If you do not agree to these Terms of Service or 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 browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide 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 in our online store. Colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.

We do not warrant that the appearance or quality of any product purchased will meet your expectations or be the same as depicted in our online store.

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, you are making an offer to purchase. Cat and Happy reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Cat and Happy confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting — we may be unable to accommodate cancellation requests after an order is accepted.

Your purchases are subject to return or exchange in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product 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 stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. 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 and all applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates and are not guaranteed. Once we transfer products to the carrier, title and risk of loss pass to you. See our Shipping Policy for details.

SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Cat and Happy, its affiliates or licensors, and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Cat and Happy's name, logo, product and service names, designs, and slogans are trademarks of Cat and Happy. You must not use these without our prior written permission.

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 control. Any use of such tools is at your own risk, and we have no liability arising from their use.

SECTION 8 — THIRD-PARTY LINKS
The Services may contain hyperlinks to websites operated by third parties. We are not responsible for the content or practices of these sites. If you decide to leave the Services to access them, you do so at your own risk.

SECTION 9 — RELATIONSHIP WITH SHOPIFY
Cat and Happy is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with Cat and Happy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Cat and Happy. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your transactions with Cat and Happy.

SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read it.

SECTION 11 — FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. We are not obligated to maintain Feedback in confidence, pay compensation for it, or respond to it.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 — PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to infringe on intellectual property rights, to harass or harm anyone, to transmit false or misleading information, to send spam, to impersonate others, or to otherwise interfere with the Services. We may suspend or terminate your access if we determine that you have violated these Terms.

SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services at any time at our sole discretion without notice. You will remain liable for all amounts due up to and including the date of termination. Sections related to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and any other provisions that by their nature should survive termination will continue to apply.

SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented on the Services is made available for general information only. We do not warrant the accuracy, completeness, or usefulness of this information. EXCEPT AS EXPRESSLY STATED, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL CAT AND HAPPY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED FROM US.

SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cat and Happy, 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, arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.

SECTION 18 — SEVERABILITY
If 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 law, and the unenforceable portion shall be deemed severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected.

SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right. These Terms, together with our other posted policies, constitute the entire agreement between you and Cat and Happy regarding the Services and supersede any prior agreements.

SECTION 20 — GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. You and Cat and Happy consent to venue and personal jurisdiction in the state and federal courts located in Harris County, Texas.

SECTION 21 — 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 to our website. It is your responsibility to check periodically for changes. Your continued use of the Services following any changes constitutes acceptance of those changes.

SECTION 22 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to support@catandhappy.store.

Our mailing address is: Cat and Happy, 5955 Woodway Place Ct, Houston, TX 77057, United States.