Terms of Use

Welcome to NeedleHappy.com

The use of Needle Happy's website ("Site") indicates your unconditional acceptance of these terms of use. We reserve the right, in our sole discretion to update or revise these terms of use. Your continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes.

Use of the Site: You may use the site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of Needle Happy or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:
  • Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
  • Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
  • Obtain unauthorized access to any computer system.
  • Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
  • Impersonate any other person including but not limited to, a registered user of this Site or an employee of Needle Happy.
  • Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
  • Misrepresent the identity of a user or use a false e-mail address.
  • Tamper with or obtain access to this Site or any component of this Site.
  • Conduct fraudulent activities
  • Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
  • Abuse special discounts, awards or incentives offered by Needle Happy. Unless otherwise specified, only one offer is valid per person, maximum two per household.
Additional Terms and Conditions: Additional terms and conditions may apply to specific portions of the Site which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, or to a specific portion of the Site the latter terms shall control with respect to your use of that portion of the Site.

Proprietary Rights: You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of Needle Happy and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise.

Needle Happy works with outside providers for maintenance of the Site. Needle Happy strives for complete accuracy in description and pricing of the products on the site, however, due to the nature of the internet occasional glitches or mistakes may cause inaccuracies to appear on the site. Needle Happy has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, Needle Happy will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Needle Happy be held liable for any damages due to such interruptions or lack of availability.

Indemnification: By using this Site, you agree to indemnify, hold harmless and defend Needle Happy their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your breach of the Terms of Use; or (3) your violation of any law. You agree to cooperate as fully as reasonably required in the defense of any claim. Needle Happy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use.

Disclaimer of Warranty: THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION,NEEDLE HAPPY DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability:
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

Risk of Loss: The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.

Miscellaneous: Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Needle Happy with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Needle Happy with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Needle Happy to act with respect to a breach by you or others does not waive Needle Happy's right to act with respect to subsequent or similar breaches. Needle Happy's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We won't be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

Made To Order: All ‘Made To Order’ service requires sending in your own fabric. Please keep in mind that for all ‘Made To Order’ preferences, the yellow polka dot fabric shown in pictures will be replaced with the fabric that you send in. Within 72 hours of order submitted, you will receive a Needle Happy package with prepaid postage for shipment of your fabric to us via UPS. Simply drop and ship this envelope to your neighborhood UPS location. Upon acceptance of your fabric, processing time will be fourteen (14) days. Delivery time depends on the shipping method selected. Please keep in mind that delivery time does not include Saturdays, Sundays or holidays. At this time, we are not accepting international orders. We reserve the right to decline fabrics that we deem to be difficult or problematic. Needle Happy liability for lost, misplaced or damaged fabrics sent in to us will not exceed $250 USD. Proof of purchase with pricing may be required.

Ready Made: All ‘Ready Made’ service does not require sending in your fabric. The products shown on our site is what you will be purchasing. All ‘Ready Made’ service will be shipped within 48 hours of orders placed. All orders placed Monday – Friday before 12:00pm PST will be processed that day, not including holidays and will ship within 48 hours pending credit verification. All orders placed Monday-Friday after 12:00pm PST will be processed the following business day. All orders placed after 12:00pm PST on Friday will be processed on the following Monday. Delivery time depends on shipping method selected. Please keep in mind that delivery time does not include Saturdays, Sundays or holidays.

Special Requests: We are definitely open to special requests that you may have. Please feel free to contact us and we will do our very best to accommodate your needs.

Return & Warranty Policy: Needle Happy fully stands behind our products and we want you to be happy with your purchase. For our clients using our ‘Made to Order’ service, we understand that the fabrics you are sending in holds a special place in your heart. Our sewing professionals take extra steps in making sure these memories are preserved with the utmost care. For our clients using our ‘Ready Made’ service, we understand that these items are purchased for someone special in your life. All of our products are carefully handmade and we guarantee that our products will bring a smile to that special someone’s face. As a friendly reminder, our products are not intended for children 12 and under as well as any pets that you may have. Unfortunately, on rare occasion, unforeseen defects may arise. We will gladly repair these items free of charge within ninety (90) days upon purchase.  Please keep in mind that we will only repair damages caused by defects. Wear and tear caused by other means will not be covered under this ninety (90) day warranty. Please contact Customer Support  and we will gladly get your ninety (90) day warranty issues taken care of.

Cancellations and any changes to your order can be made within 24 hours from the time an order has been placed. Please understand that Needle Happy cannot provide refunds or cancellations after 24 hours.

Customer Support:

1-877-241-5420

info@needlehappy.com

Posted on March 3, 2012