Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Happy Flamingo Gifts LLC ("Happy Flamingo Gifts," "we," "us," or "our"), a Texas limited liability company with its principal place of business at 1847 South Lamar Blvd, Suite 200, Austin, TX 78704. These Terms govern your access to and use of happyflamingogifts.com (the "Site"), as well as any purchases, subscriptions, or services you obtain through the Site.

By visiting the Site, creating an account, placing an order, or subscribing to any of our services, you affirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, do not use our Site or services.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email (for registered account holders) and through a prominent notice on the Site. Continued use of the Site after changes become effective constitutes acceptance of the revised Terms.

2. Eligibility

To place an order or create an account on happyflamingogifts.com, you must be at least eighteen (18) years of age. If you are between the ages of thirteen (13) and seventeen (17), you may use the Site only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Individuals under the age of thirteen (13) are not permitted to use our Site or services. By using the Site, you represent and warrant that you meet the applicable age requirements.

Use of our Site from outside the United States is permitted, but all orders are fulfilled and shipped within the contiguous United States, Alaska, and Hawaii only, unless otherwise specified for a particular product or service.

3. Account Registration and Security

You may browse happyflamingogifts.com as a guest, but creating an account enables you to track orders, save gift recipient addresses, manage subscriptions, and access your order history. When you register:

• You agree to provide accurate, current, and complete information during the registration process.
• You are responsible for maintaining the confidentiality of your account password and for all activity that occurs under your account.
• You agree to notify us immediately of any unauthorized access to or use of your account at [email protected] or (512) 717-3842.
• You may not share your account credentials with others or create accounts on behalf of another person without authorization.
• We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or remain inactive for more than twenty-four (24) consecutive months.

4. Products and Services

Happy Flamingo Gifts offers the following products and services through happyflamingogifts.com:

• Curated Gift Boxes: Thoughtfully assembled collections of products organized around themes, occasions, and recipients. Box contents may include artisan food items, lifestyle products, candles, skincare, and accessories sourced from independent makers across the United States.
• Personalized Gifts: Items that are customized with names, dates, monograms, photos, or personal messages. Because these items are made to order, they are subject to special return restrictions described in Section 10.
• Corporate Gifting: Bulk and branded gifting solutions for businesses, including volume pricing, custom branding, branded packaging, and dedicated account management. Corporate accounts are subject to separate account terms provided at onboarding.
• Gift Subscriptions: Recurring deliveries of curated gift boxes on a monthly, quarterly, or annual basis. Subscription terms are described in detail in Section 9.
• Gift Wrapping: Premium wrapping, custom ribbon, and handwritten gift card services available as add-ons to any order.

We reserve the right to modify, discontinue, or limit the availability of any product or service at any time without prior notice, except that existing subscription commitments will be honored through the current paid term.

5. Orders and Payment

5.1 Pricing and Taxes

All prices displayed on happyflamingogifts.com are in U.S. dollars (USD). Prices are subject to change without notice, though your order total will be locked in at the time you complete checkout. Texas state sales tax (currently 8.25% in Austin) will be applied to orders shipped to Texas addresses as required by law. Orders shipped to other states may be subject to applicable state and local sales taxes. Tax amounts will be clearly displayed at checkout before you complete your purchase.

5.2 Payment Methods

We accept Visa, Mastercard, American Express, Discover, and debit cards bearing those logos. Payment is processed securely by Stripe. We also accept digital wallets where supported. Payment is charged at the time of order placement for one-time purchases, and on each billing date for subscription orders.

5.3 Order Confirmation

After placing an order, you will receive an order confirmation email at the address you provided. This email constitutes acknowledgment that we have received your order, not an acceptance or guarantee of fulfillment. We reserve the right to cancel or refuse any order due to product unavailability, pricing errors, suspected fraud, or at our sole discretion. If we cancel your order, we will issue a full refund to your original payment method within five (5) business days.

5.4 Order Modifications and Cancellations

Because we begin processing orders quickly to meet our shipping commitments, order modifications and cancellations must be requested within two (2) hours of order placement. To request a change, contact us immediately at (512) 717-3842 or [email protected]. After the two-hour window, orders that have entered fulfillment cannot be modified. Personalized items cannot be modified or cancelled once production has begun.

6. Shipping and Delivery

6.1 Shipping Areas

We ship to all fifty (50) U.S. states, including Alaska and Hawaii. We do not currently ship internationally. P.O. boxes are accepted for standard, non-oversized shipments via USPS. Some large or heavy gift boxes may require a physical street address.

6.2 Estimated Delivery Times

Delivery time estimates begin from the date your order ships, not the date it is placed. Orders typically ship within one (1) to two (2) business days of placement.

• Standard Shipping: 5–7 business days after shipment.
• Express Shipping: 2–3 business days after shipment.
• Rush / Next-Day Shipping: Next business day after shipment, if ordered before 12:00 PM Central Time on a business day. Rush shipping is not available for personalized items, which require production time.

Delivery estimates are not guaranteed and may be affected by carrier delays, weather events, peak holiday periods, or other circumstances beyond our control. See our Disclaimer for additional detail.

6.3 Shipping Costs

Shipping rates are calculated based on package weight, dimensions, destination, and selected speed, and are displayed at checkout before order completion. We periodically offer free shipping promotions, which will be clearly communicated on the Site and in our emails.

6.4 Risk of Loss

Title and risk of loss for purchased products pass to you upon delivery to the shipping carrier. If your package is lost or significantly delayed, please contact us and we will work with the carrier to locate or replace your shipment.

7. Subscription Terms

7.1 Billing and Auto-Renewal

Gift subscription plans are offered on monthly, quarterly, and annual billing cycles. By subscribing, you authorize Happy Flamingo Gifts to charge your payment method on a recurring basis at the start of each billing period. Subscriptions auto-renew until cancelled. You will receive an email reminder at least seven (7) days before each renewal charge.

7.2 Cancellation Policy

You may cancel your subscription at any time through your account dashboard or by contacting us at [email protected]. To avoid being charged for the next billing cycle, cancellations must be submitted at least three (3) business days before your next renewal date. After cancellation, you will continue to receive any remaining shipments in your current paid period. We do not offer prorated refunds for the unused portion of a subscription term, except where required by applicable law.

7.3 Skip and Pause Options

Monthly subscribers may skip up to two (2) shipments per calendar year by logging into their account and selecting "Skip This Month" at least five (5) business days before their scheduled ship date. Skipped months are not refunded or credited; the billing cycle simply advances to the following period. Pause options for extended periods (such as travel) may be available; contact us to discuss your specific situation.

7.4 Price Changes

We reserve the right to change subscription pricing. We will provide at least thirty (30) days' written notice via email before any price increase takes effect. If you do not wish to continue at the new price, you may cancel before the price change effective date without penalty.

8. Returns, Refunds, and Exchanges

8.1 Satisfaction Guarantee

We stand behind every product we sell. If you are not satisfied with your purchase, you may request a return or exchange within thirty (30) days of the delivery date. Items must be in their original, unused condition with original packaging wherever possible. To initiate a return, contact us at [email protected] with your order number and the reason for the return.

8.2 Non-Returnable Items

The following items are not eligible for return or refund:

• Personalized or custom-engraved items (unless defective or damaged during shipping).
• Perishable food items in opened or used condition.
• Digital gift cards and e-gift certificates once delivered.
• Items that have been used, washed, or altered after delivery.

8.3 Damaged or Defective Goods

If your order arrives damaged, defective, or incorrect, please contact us within seven (7) days of delivery. Send a photo of the damaged item and packaging to [email protected]. We will arrange a replacement or issue a full refund at our discretion, at no cost to you.

8.4 Refund Processing

Approved refunds will be credited to your original payment method within seven (7) to ten (10) business days of our receipt of the returned item. Your bank or card issuer may require additional processing time before the credit appears on your statement.

9. Gift Recipient Terms

When you send a gift through happyflamingogifts.com, the recipient's name and address are used solely to fulfill your order. We may send the recipient a shipping notification email so they know their gift is on the way. Recipients may receive a one-time email inviting them to review their gifting experience; they may opt out of all future communications from us using the unsubscribe link in that email. We will not add gift recipients to our marketing lists without their explicit consent. Recipient data is handled in accordance with our Privacy Policy.

10. Intellectual Property

10.1 Our Content

All content on happyflamingogifts.com — including text, product photography, graphics, logos, the "Happy Flamingo Gifts" brand name, product descriptions, blog articles, and the design and layout of the Site — is owned by or licensed to Happy Flamingo Gifts LLC and is protected by United States copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

10.2 User-Submitted Content

By submitting a product review, photo, or other content to our Site, you grant Happy Flamingo Gifts LLC a non-exclusive, royalty-free, perpetual, worldwide license to use, display, reproduce, and distribute that content in connection with our business, including on our website and social media channels. You represent that you own or have the right to submit such content, and that it does not infringe any third-party rights.

11. Prohibited Conduct

When using happyflamingogifts.com, you agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms.
• Use automated bots, scrapers, or similar tools to access our Site or harvest product data.
• Attempt to gain unauthorized access to any account, system, or network associated with the Site.
• Place fraudulent orders, use stolen payment information, or misrepresent your identity.
• Submit false, misleading, or defamatory reviews or other content.
• Interfere with the proper functioning of the Site, including transmitting viruses or malicious code.
• Resell our products without authorization, or engage in commercial use of our Site's content.
• Violate any applicable local, state, national, or international law or regulation.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAPPY FLAMINGO GIFTS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR ORDERS, OR OUR PRODUCTS AND SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE TOTAL AMOUNT YOU PAID TO HAPPY FLAMINGO GIFTS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Happy Flamingo Gifts LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Site or our services; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content you submit to the Site.

14. Dispute Resolution

14.1 Informal Resolution

If you have a dispute with Happy Flamingo Gifts, we encourage you to contact us first at [email protected] or (512) 717-3842. Most issues can be resolved quickly and informally. We will make a good-faith effort to address your concern within fifteen (15) business days of receipt.

14.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, your orders, or the Site — except for claims that qualify for small claims court — shall be resolved by binding arbitration administered in Travis County, Texas, in accordance with the American Arbitration Association's Consumer Arbitration Rules. The arbitration will be conducted in English, and the arbitrator's award will be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction.

14.3 Class Action Waiver

You agree that any arbitration or legal proceeding will be conducted solely on an individual basis. You waive the right to participate in a class action, class-wide arbitration, or collective proceeding.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. To the extent a dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it will be severed from these Terms. The remaining provisions of these Terms will continue in full force and effect.

17. Contact Us

If you have questions about these Terms of Service, please contact us: