Terms of Purchase

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products by Tracey Thomas (“Designer”), acting on behalf of Design Happy Boutique (“Company”). By purchasing any product, you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. Scope of Product

1 WIX website template

1. Payment
   Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the product, regardless of what payment option Client selects at checkout. If Client selects a payment plan option, Client authorizes Company to charge the card or account used at checkout to complete all payments pursuant to the payment plan. Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees.

1. Refunds
   Due to the digital and educational nature of this product, there are no refunds permitted under any circumstance. Dissatisfaction with Company’s product is not a valid reason for a refund or excuse to not make remaining payments due & owed under this Agreement.

1. Disclaimer
   Any testimonials, earnings, or examples shown through Company’s website or products are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Company’s products and/or services. Client acknowledges that Company has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of Company’s website, programs, products or services.

1. Intellectual Property Rights
   This product contains information that is the intellectual property belonging to Company and to third-parties that license some intellectual property to Company. Company provides Client with a non-exclusive, non-transferrable single-user license authorizing Client to use the materials for their individual purposes only. Client may not share, sell, re-use, reproduce, repurpose or otherwise distribute Company’s intellectual property without prior written consent from Company. Company maintains all rights to its intellectual property and nothing in this Agreement shall transfer ownership of rights to Client.

1. Disclaimer of Warranties
   The information contained provided through this purchase is provided on an “as is” basis. Design Happy Boutique makes no representations or warranties, express or implied, with respect to the information provided through this purchase. Design happy boutique will not be liable or held responsible for any losses, injuries, or damages from the participation in, use of, or reliance on any of the information provided through this purchase.

1. Limitation of Liability
   By purchasing this product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Company’s products or services. Client agrees that use of this Program is at user’s own risk.

VIII.Non-Dispargement
By purchasing this product, you agree to refrain from making any statements, whether oral or in writing, that negatively impact Company’s business, services, products, or reputation.

1. Assignment
   There shall be no assignment of obligations. Neither Party may assign any of its respective obligations under this Agreement without the express written consent of the other Party.

1. Severability
   If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

1. Dispute Resolution
   If any dispute arises out of or related to a claimed breach of this Agreement or any other disagreement of any nature, type or description, regardless of the facts or the legal theories which may be involved, such dispute shall be resolved by binding arbitration by a single arbitrator in the State of California. If Company is deemed the successful party to the dispute, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled. The parties agree to waive their right to a jury trial. Parties further agree that prior to arbitration, both Parties will make a good faith effort to resolve the dispute without the necessity of outside intervention.

1. Venue and Applicable Law
   This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of California. Both Parties agree to submit to the jurisdiction of and venue in the State of California. Should any claim or controversy arise between the Parties under the terms of this Agreement, such a claim or controversy shall be resolved only in the State of California.

1. Signatures
   This Agreement shall be signed by both Parties agreeing to the terms laid out above. This Agreement is effective upon our signatures as of the day and date first above stated.

1. Entire Agreement
   This Agreement contains the entire agreement of the Parties relating to the rights granted and obligations assumed in this Agreement. Any oral representations or modifications concerning this instrument shall be of no force or effect.

All Rights Reserved
All rights not expressly granted in this Agreement are reserved by us.

Privacy Policy

Design Happy Boutique values its users’ privacy. This Privacy Policy (“Policy”) will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Design Happy Boutique of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.​We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Design Happy Boutique decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner. This Policy applies to Design Happy Boutique, and it governs any and all data collection and usage by us. Through the use of www.designhappyboutique.com, you are therefore consenting to the data collection procedures expressed in this Policy. Please note that this Policy does not govern the collection and use of information by companies that Design Happy Boutique does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of, and share the information collected.​Specifically, this Policy will inform you of the following:

What personally identifiable information is collected from you through our website;

Why we collect personally identifiable information and the legal basis for such collection;

How we use the collected information and with whom it may be shared;

What choices are available to you regarding the use of your data; and

The security procedures in place to protect the misuse of your information.​Information we collect It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services.

This website collects various types of information, such as:

Voluntarily provided information which may include your name, address, email address, billing and/or credit card information, etc. which may be used when you purchase products and/or services and to deliver the services you have requested.

Information automatically collected when visiting our website, which may include cookies, third-party tracking technologies, and server logs.

In addition, Design Happy Boutique may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race, and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.

Design Happy Boutique may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.

Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for in this Policy.

Why We Collect Information and For How Long

We are collecting your data for several reasons:

To better understand your needs and provide you with the services you have requested;

To fulfill our legitimate interest in improving our services and products;

To send you promotional emails containing information we think you may like when we have your consent to do so;

To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;

To customize our website according to your online behavior and personal preferences.

The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.​Use of Information Collected

Design Happy Boutique does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.

Design Happy Boutique may collect and may make use of personal information to assist in the operation of our website and to ensure the delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.designhappyboutique.com.

Design Happy Boutique may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

Design Happy Boutique uses various third-party social media features including but not limited to instagram.com, facebook.com, pinterest.com, and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within Design Happy Boutique’s control.​Disclosure of Information

Design Happy Boutique may not use or disclose the information provided by you except under the following circumstances:

As necessary to provide services or products you have ordered;

In other ways described in this Policy or to which you have otherwise consented;

In the aggregate with other information in such a way so that your identity cannot reasonably be determined;

As required by law, or in response to a subpoena or search warrant;

To outside auditors who have agreed to keep the information confidential;

As necessary to enforce the Terms of Service;

As necessary to maintain, safeguard, and preserve all the rights.

Non-Marketing Purposes

Design Happy Boutique greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Design Happy Boutique products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.​Children under the age of 13

Design Happy Boutique's website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.​Unsubscribe or Opt-Out

All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to hello@designhappyboutique.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Design Happy Boutique will continue to adhere to this Policy with respect to any personal information previously collected.​Links to Other Websites

Our website does contain links to affiliate and other websites. Design Happy Boutique does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website.​Notice to European Union Users

Design Happy Boutique's operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.​Your Rights as a Data Subject

Under the regulations of the General Data Protection Regulation ("GDPR") of the EU you have certain rights as a Data Subject. These rights are as follows:

The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.

The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to [hello@designhappyboutique.com]