​​
​
Please read these conditions carefully.
We offer a wide range of Services, and sometimes additional terms may apply. When you use an Smiley Shoper Service (for example, Your Profile, Gift Cards etc.) you also will be subject to the guidelines, terms and agreements applicable to that Service ("Service Terms").
PRIVACY
Please review our Privacy Notice, which also governs your use of Smiley Shoper Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use Smiley Shoper Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Smiley Shoper Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through Smiley Shoper, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Smiley Shoper or its content suppliers. The compilation of all content included in or made available through any Smiley Shoper is the exclusive property.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Smiley Shoper or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use, No Smiley Shoper Service, nor any part, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smiley Shoper. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smiley Shoper without express written consent. You may not use any meta tags or any other "hidden text" utilizing Amazon's name or trademarks without the express written consent of Smiley Shoper. You may not misuse the our Services. You may use the Smiley Shoper Services only as permitted by law. The licenses granted by Smiley Shoper terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own Smiley Shoper account to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Smiley Shoper does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Smiley Shoper only with involvement of a parent or guardian. Alcohol listings on Smiley Shoper are intended for adults. You must be at least 18 years of age to purchase alcohol, or use any site functionality related to alcohol. Smiley Shoper reserves the right to refuse service, terminate accounts, terminate your rights to use Smiley Shoper Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. smiley Shoper reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Smiley Shoper a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout in any media. You grant Smiley Shoper and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Smiley Shoper for all claims resulting from content you supply. Smiley Shoper has the right but not the obligation to monitor and edit or remove any activity or content. Smiley Shoper takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Smiley Shoper respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us.
RISK OF LOSS
All purchases of physical items from Smiley Shoper are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Smiley Shoper does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Smiley Shoper does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.
PRODUCT DESCRIPTIONS
Smiley Shoper attempts to be as accurate as possible. However, Smiley Shoper does not warrant that product descriptions or other content of any Smiley Shoper Service is accurate, complete, reliable, current, or error-free. If a product offered by Smiley Shoper itself is not as described, your sole remedy is to return it in unused condition.
PRICING
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Smiley Shoper and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Smiley Shoper
With respect to items sold by Smiley Shoper, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Smiley Shoper is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
OTHER BUSINESSES
Parties other than Smiley Shoper operate stores, provide services or software, or sell product lines through the Smiley Shoper Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Smiley Shoper. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Smiley Shoper does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Smiley Shoper SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Smiley Shoper SERVICES ARE PROVIDED BY Smiley ShoperON AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Smiley Shoper MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Smiley Shoper SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Smiley Shoper SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Smiley Shoper SERVICES IS AT YOUR SOLE RISK.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our contact form. This may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at: