Terms of service

Last updated: July 19, 2026

OVERVIEW

Welcome to Simply Happy Wear! The terms “we,” “us,” and “our” refer to Simply Happy Wear. Simply Happy Wear 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”). Simply Happy Wear 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, available at:

https://simplyhappywear.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the 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, province, or territory of residence. You also represent that 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 accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information.

You represent and warrant that all information you provide through the Services 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 activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to provide accurate representations of our products and services in our online store. However, colors and product appearance may differ from how they appear on your screen because of your device type, display settings, and configuration.

Except as required by applicable law, we do not warrant that the appearance or quality of any product or service purchased through the Services will meet every personal expectation or appear exactly the same as depicted on your screen.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue a product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

Most Simply Happy Wear products are made to order after your purchase is placed. Please review all product descriptions, color selections, and size guides carefully before submitting your order.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Simply Happy Wear reserves the right to accept or decline an order for any lawful reason, at its discretion. Your order is not accepted until Simply Happy Wear confirms its acceptance.

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it because production may begin shortly after an order is accepted, and we may be unable to accommodate cancellation or modification requests.

If we do not accept an order or need to change or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or telephone number provided when the order was placed.

Purchases are subject to our Refund Policy, available at:

https://simplyhappywear.com/policies/refund-policy

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized 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 or service will be the price in effect when the order is placed and will appear in your order confirmation.

Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs duties, import fees, or other charges.

Prices displayed in our online store may differ from prices offered through third-party stores or sales channels. From time to time, we may offer promotions governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to update your account and other information promptly, including your email address and payment details, so that we can complete transactions and contact you as needed.

You represent and warrant that:

• The payment information you provide is true, correct, and complete.
• You are authorized to use the selected payment method.
• Charges incurred will be honored by your payment provider.
• You will pay all authorized charges at the posted prices, including applicable shipping charges and taxes.

SECTION 5 – SHIPPING AND DELIVERY

All production, shipping, and delivery times are estimates and are not guaranteed.

To the fullest extent permitted by applicable law, we are not responsible for delays caused by shipping carriers, customs processing, severe weather, labour interruptions, incorrect shipping information provided by the customer, or other circumstances outside our reasonable control.

Most products are made after an order is placed and require production time before shipment.

Subject to applicable law, title and risk of loss pass to you when the order is delivered to the address provided during checkout. Nothing in this section limits any mandatory consumer rights or remedies available under applicable law.

If your order arrives damaged, defective, or incorrect, please follow the procedure described in our Refund Policy:

https://simplyhappywear.com/policies/refund-policy

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including all trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Simply Happy Wear, its affiliates, or its licensors and are protected by applicable Canadian and international copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

Without our prior written consent, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services, except where such use is expressly permitted by applicable law.

Except as expressly provided in these Terms, nothing grants or shall be interpreted as granting a licence or other rights under any copyright, trademark, patent, or other intellectual property belonging to Simply Happy Wear, Shopify, or any third party.

Simply Happy Wear’s names, logos, product and service names, designs, and slogans are trademarks or other protected property of Simply Happy Wear, its affiliates, or its licensors. You must not use them without prior written permission.

Shopify’s name, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans displayed through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to tools or services offered by third parties as part of the Services. We do not necessarily monitor, control, or have input into these third-party tools.

You acknowledge and agree that access to these tools is provided “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind, except as required by applicable law.

To the fullest extent permitted by law, we shall have no liability arising from your use of optional third-party tools.

Your use of optional tools is at your own discretion. You should review and understand the terms and policies of the applicable third-party provider before using such tools.

We may offer new features, tools, or resources through the Services in the future. Such features will be considered part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials, embedded functionality, or hyperlinks to websites provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, security, or practices of third-party materials or websites.

If you leave the Services to access a third-party website, you do so at your own discretion. We are not liable for harm or damages related to your access to third-party websites or your purchase or use of third-party products, services, resources, or content, except where liability cannot legally be excluded.

Please review the applicable third party’s policies and practices before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Simply Happy Wear is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are transactions directly between you and Simply Happy Wear.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Simply Happy Wear, including any injury, damage, or loss resulting from purchased products or services.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions made directly with Simply Happy Wear.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available at:

https://simplyhappywear.com/policies/privacy-policy

Certain personal information may also be processed by Shopify and subject to Shopify’s Consumer Privacy Policy, available at:

https://www.shopify.com/legal/privacy/consumers

By using the Services, you acknowledge that you have had an opportunity to review these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information concerning your access to and use of the Services to provide, secure, and improve its platform.

Information submitted through the Services may be transmitted to and shared with Shopify and other service providers, some of which may be located outside the country where you reside.

Please review our Privacy Policy for additional information about how Simply Happy Wear, Shopify, and our service providers collect, use, store, and disclose personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content relating to the Services (collectively, “Feedback”), you grant us a perpetual, worldwide, transferable, sublicensable, and royalty-free licence to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for purposes related to operating, improving, and promoting the Services.

You represent and warrant that:

• You own or have all necessary rights to provide the Feedback.
• You have disclosed any compensation or incentives received in connection with the Feedback.
• Your Feedback complies with these Terms and applicable law.

Except where required by law, we are not obligated to:

• Maintain Feedback in confidence.
• Pay compensation for Feedback.
• Respond to Feedback.

We may monitor, edit, or remove Feedback that we reasonably determine is unlawful, offensive, threatening, defamatory, obscene, fraudulent, misleading, or otherwise objectionable, or that violates another party’s rights or these Terms.

Feedback must not violate any third-party right, including copyright, trademark, privacy, personality, publicity, or other personal or proprietary rights.

Feedback must not contain unlawful, abusive, or obscene material, computer viruses, or other malicious code.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of Feedback. You are responsible for the accuracy and legality of Feedback you submit.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel affected orders when information is inaccurate, including after an order has been submitted, subject to applicable law.

If we cancel an order after payment has been processed, we will refund the applicable amount to the original payment method.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

(a) For an unlawful, fraudulent, or malicious purpose.

(b) To violate any international, federal, provincial, territorial, state, or local law, regulation, rule, or ordinance.

(c) To infringe or violate our intellectual property rights or the intellectual property rights of another person.

(d) To harass, abuse, insult, harm, defame, slander, disparage, or intimidate another person.

(e) To transmit false, fraudulent, or misleading information.

(f) To send, receive, upload, download, use, or reuse material that does not comply with these Terms.

(g) To transmit or facilitate unsolicited advertising or promotional material, including spam, junk mail, chain letters, or similar solicitations.

(h) To impersonate or attempt to impersonate another person or entity.

(i) To engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm Simply Happy Wear, Shopify, or users of the Services.

In addition, you agree not to:

(a) Upload or transmit viruses or malicious code that could affect the functionality or operation of the Services.

(b) Reproduce, duplicate, copy, extract, sell, resell, or exploit an unauthorized portion of the Services.

(c) Collect or track the personal information of others without authorization.

(d) Spam, phish, pharm, pretext, scrape, or otherwise misuse the Services.

(e) Use robots, spiders, scraping tools, data-gathering tools, automated processes, AI tools, or manual methods to access the Services in violation of these Terms or any technical restrictions communicated by us.

(f) Interfere with, bypass, or circumvent security features, authorization measures, robot exclusion headers, or other measures used to protect or control access to the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or deploy an Agent to access, use, or interact with the Services.

“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can operate on a person’s device or account without continuous direct supervision.

14.2 An Agent may not access, use, or interact with the Services unless it identifies itself and operates in accordance with the requirements in Section 14.4.

An Agent may not access, use, or interact with the Services if we have specifically requested that the Agent refrain from accessing or interacting with the Services.

14.3 We may use technical or administrative measures to limit whether and how Agents access, use, or interact with the Services.

14.4 Agents must:

(i) Identify themselves in HTTP or HTTPS requests when technically possible and disclose the name of the Agent in the request’s user-agent string using the following format: “Agent/[agent name]”.

(ii) Not intentionally conceal or misrepresent that access or interactions originate from an Agent.

(iii) Not circumvent CAPTCHAs or other measures intended to distinguish automated activity from human activity.

(iv) Respond truthfully to prompts seeking to determine whether an interaction originates from a person or computer system.

(v) Not circumvent measures intended to block, limit, modify, or control Agent access to the Services.

SECTION 15 – TERMINATION

We may terminate these Terms or suspend or terminate your access to the Services, or any part thereof, if you violate these Terms or if termination is otherwise permitted by applicable law.

You will remain responsible for amounts properly due up to and including the effective date of termination.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information, except where such a warranty is required by applicable law.

Any reliance you place on information provided through the Services is at your own discretion and risk.

EXCEPT AS EXPRESSLY STATED BY SIMPLY HAPPY WEAR OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLY HAPPY WEAR AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED, INCLUDING ANY MANDATORY RIGHTS OR REMEDIES AVAILABLE UNDER APPLICABLE CONSUMER PROTECTION LAW.

IN JURISDICTIONS THAT DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Simply Happy Wear, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party losses, damages, liabilities, and claims, including reasonable legal fees, arising from:

• Your material breach of these Terms or documents incorporated by reference.
• Your violation of applicable law.
• Your violation of another person’s rights.
• Your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim. A failure to provide prompt notice will not relieve you of your obligations unless the delay materially prejudices your ability to respond.

We may control the defence and settlement of a claim at our expense or, where legally permitted, seek reasonable cooperation from you.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law.

The unenforceable portion will be considered severed from these Terms, and the determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted through the Services, constitute the entire agreement and understanding between you and Simply Happy Wear regarding your use of the Services.

They supersede prior or contemporaneous agreements, communications, and proposals regarding the Services, whether oral or written, including previous versions of these Terms.

Subject to applicable law, ambiguities in these Terms shall not automatically be interpreted against the party responsible for drafting them.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent, except where such restriction is prohibited by applicable law.

We may transfer, assign, or delegate these Terms and our rights and obligations as part of a sale, transfer, reorganization, or other change involving our business, subject to applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Subject to any mandatory rights available under applicable consumer protection law, you and Simply Happy Wear agree that disputes will be submitted to the courts located in British Columbia, Canada.

Nothing in this section prevents a consumer from exercising a right to bring a claim in another jurisdiction when that right cannot legally be excluded.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the meaning of any provision.

SECTION 24 – CHANGES TO THESE TERMS

You can review the most current version of these Terms of Service on this page at any time.

We reserve the right to update, change, or replace parts of these Terms by publishing an updated version through the Services.

Where required by applicable law, we will provide notice of material changes. Changes will become effective on the date specified in the notice or, if no date is specified, when the updated Terms are posted.

Your continued use of the Services after an updated version becomes effective constitutes acceptance of the updated Terms, except where applicable law requires another form of consent.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

hello@simplyhappywear.com

Our contact information is:

Simply Happy Wear

Mailing address:
3571 Rock Creek Road
Rock Creek, BC V0H 1Y0
Canada

Email: hello@simplyhappywear.com

Phone and WhatsApp: +1 250-408-4805

Typical response time: 1–2 business days.