Terms & Privacy

Website Terms of Use

Welcome to the online home of Happy Cactus Designs. 

This website (the “Site) is owned and operated by Happy Cactus Designs LLC (“Happy Cactus Designs”). These Terms of Use govern your access and use of the Site. Your use of the Happy Cactus Designs website is expressly condition on your acceptance of the following terms of use (the “Terms”). By using this website, you signify your assent to these terms and conditions. If you don’t agree to these Terms, you are not allowed to access our website. We may change these Terms from time to time. If you continue to use the website, then you are agreeing to the revised Terms.

Description of Site Offerings

Happy Cactus Designs endeavors to describe and display the content and products shown on the Site as accurately as possible. Please do not accept that the Site is entirely accurate, current, or error-free. From time to time Happy Cactus Designs may correct errors in pricing and descriptions. Happy Cactus Designs reserves the right to refuse or cancel any order, for any reason, including on the basis of an incorrect price listing.

Happy Cactus Designs attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor; we cannot guarantee that your monitor’s display of any color will be accurate.

Ownership and Intellectual Property

This website, and each of its components, is the copyrighted property of Happy Cactus Designs LLC (“Happy Cactus Designs. You may not publish, create derivative works from, or in any way exploit any of the Site Content, in whole or in part, without the prior, express written agreement of Happy Cactus Designs.

Third-Party Links

The Site contains links to third party websites and resources. You acknowledge and agree that Happy Cactus Designs is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

No Warranties, Limitations and Exclusion of Liability

Happy Cactus Designs does not guarantee, represent, or warrant that your use of the site, or the products offered therein, will be uninterrupted, timely, secure or error-free. Happy Cactus Designs does not warrant that the results that may be obtained from your use of the site, or the products offered therein, will be accurate or reliable.

You agree that from time to time Happy Cactus Designs may remove all or some of the products offered on the Site for indefinite periods of time.

You expressly agree that your use of, or inability to use, the Site is at your sole risk, for which Happy Cactus Designs shall not be liable. The Site and all products delivered to you through the Site are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Products are represented as accurately as possible, but Happy Cactus Designs is not responsible for discrepancies in color due to screen settings, translations of text, or the timeliness of delivery of products.  

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. We may require additional verifications or information before accepting any order. We do NOT charge your credit card until after your order has entered the shipping process. The contract for sale of goods between Happy Cactus Designs and any customer is not entered into until we charge a valid credit card or otherwise accept payment.

Changes to Terms of Use

Happy Cactus Designs may at any time amend these Terms of Use. Such amendments are effective immediately upon notice to you by us posting the new Terms of Use on this site. Any use of the Site by you after being notified means you accept these amendments. 

Date of Last Update: May 23, 2018

Questions about the Terms of Use should be sent to us at: hello@happycactusdesigns.com.

Privacy Policy

Happy Cactus Designs LLC (“Happy Cactus Designs”) values its customers and respects their privacy. This Privacy and Usage Policy applies to personal information that we collect about you in the United States through our website. This information is used to improve your shopping experience and to communicate with you about our products, services, and promotions. Neither your name nor any of your personal information is sold to any other non-affiliated company or agency. However, as described in greater detail below, we may share your information under certain circumstances with business partners that help this site function or assist us in fulfilling or servicing your order.

We’re committed to protecting the privacy of our customers. This notice describes our “Privacy Policy.” By using the Happy Cactus Designs website, you agree to accept the terms set forth in this Privacy Policy. This statement applies to Personally Identifiable Information collected from our customers.

When this Privacy Policy uses the term “Personally Identifiable Information,” it refers to information that lets us know the specifics of who you are and can be used to identify, contact, or locate you. Personally Identifiable Information might include your name, mailing address, home telephone number, mobile telephone number, email address, and other identification and contact information. It may also include certain financial information that we collect. With this information, we can fill your service and product orders and better provide you with personalized services. 

Happy Cactus Designs has implemented reasonable security measures to prevent unauthorized access to personal information that we’ve collected. However, no website and no security measures can fully eliminate security risks or the possibility of data breaches. In the event of any unauthorized access to your personal information, we will make a commercially reasonable effort to notify you regarding the nature and extent of the breach, and we will comply with all applicable laws and regulations related to the breach.

Information We Collect

When you interact with us through the Site or the Services, we may collect Personal Data and other information from you, as further described below:

We collect Personal Data from you when you voluntarily provide information such as your name, email address, billing and shipping address, and payment information in order to process your purchase, confirm your order and ship the items to you.

You may sign up on the website to receive promotional emails from Happy Cactus Designs. To sign up we may ask for information such as your name and email address. Subscriptions to the email list can be cancelled at any time. To be removed from our email marketing list, click the unsubscribe button found at the bottom of the emails in order to be removed from emails that we send you or email hello@happycactusdesigns.com.

Wherever Happy Cactus Designs collects Personal Data we make an effort to provide a link to this Privacy Policy. By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Happy Cactus Designs and the authorized third parties referred to herein located in the United States.

In operating this Site, we may also use a technology called “cookies.” Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features 

We use Google Analytics, a service provided by Google, Inc. (“Google”), to gather information about how users engage with our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. 

Information We Share With Others

Here at Happy Cactus Designs, we take the privacy of your personal information very seriously. There are limited particular circumstances in which we may share your Personal Data with certain third parties without further notice to you, as laid out below. 

We contract with other companies (such as shipping services, PayPal, and credit card processors) to provide certain services to Happy Cactus Designs to fulfill orders and create our website. In some instances, these contractors may have access to Personally Identifiable Information, but they are contractually obligated to maintain the confidentiality of the information and to use it only for purposes of carrying out the business of Happy Cactus Designs. These companies are prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than Happy Cactus Designs. Your Personally Identifiable Information is never shared with any third party (except as described above to our contractors who use it only to carry out Happy Cactus Designs related business).

Happy Cactus Designs may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Happy Cactus Designs, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Transfers of Personal Information Outside the EU

As a U.S. based business, Happy Cactus Designs may store and process your information through third-party hosting services in the U.S. and other jurisdictions. As a result, your personal information may be transferred to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If Happy Cactus Designs transfers information about you outside of the EU, they rely on Privacy Shield as the legal basis for the transfer, as Google Cloud is Privacy Shield certified.

Your Rights:

If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. These rights are described below:

  • Access. You may have the right to access and receive a copy of the personal information Happy Cactus Designs holds about you by using the contact information below.
  • Change, restrict, delete. You may also have rights to change, restrict Happy Cactus Designs’s use of, or delete your personal information. Absent exceptional circumstances (like where Happy Cactus Designs is required to store data for legal reasons) Happy Cactus Designs will generally delete your personal information upon request.
  • Object. You can object to (i) Happy Cactus Designs processing of some of your information based on their legitimate interests and (ii) receiving marketing messages from Happy Cactus Designs after providing your express consent to receive them. In such cases, Happy Cactus Designs will delete your personal information unless they have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
  • Complain. If you reside in the EU and wish to raise a concern about Happy Cactus Designs’s use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.

Contact

For purposes of EU data protection law, Happy Cactus Designs is the data controller of your personal information. If you have any questions or concerns, you may contact Happy Cactus Designs by emailing hello@happycactusdesigns.com or using the contact form on our website.

Date of Last Update: May 23, 2018