These Terms and Conditions outline the rules and regulations for the use of Heyday®’s Website and Products.
By accessing this website or purchasing our products, you agree to be bound by these terms and conditions. If you do not agree with all the terms and conditions stated below, you may not use our website or purchase our products.
Intellectual Property
The Website and its original content, features, and functionality are owned by Heyday® and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not:
- Republish material from the Website.
- Sell, rent or sub-license material from the Website.
- Reproduce, duplicate or copy material from the Website.
Parts of the Website offer users an opportunity to post reviews, comments, and other content. By posting content, you represent that you have the right to distribute the content, that it does not violate copyright or other IP rights, and that you will indemnify Heyday® for any copyright violations related to the content.
Heyday® reserves the right to terminate accounts violating copyright law and remove associated content.
Site Access and Use
Heyday® grants you a limited license to access and use the Website for personal use only. This includes:
- Viewing content and purchasing products.
- Downloading content for non-commercial purposes.
- Placing legitimate orders and transactions.
Any other use outside the above requires explicit permission from Heyday®. This license does not allow you to:
- Modify, copy, distribute, transmit, reuse, download, repost, publish, license, create derivative works from, transfer, or sell any information or content from the Website.
- Use the Website or content for any commercial purpose not authorized by us.
- Access, tamper with, or use non-public or restricted areas of the Website.
- Impersonate any person or entity or provide false information to gain unauthorized access.
- Introduce any virus, worms, spyware or malicious code into the Website.
- Attempt to reverse engineer, decompile, disassemble, or hack the underlying source code.
- Engage in scraping, data mining, harvesting, screen scraping, roboting, spidering, or any automated means to access the Website beyond what is allowed.
- Violate applicable laws, regulations, and ordinances while accessing or using the Website.
If you do not comply with these terms of use, we reserve the right to deny access to the Website and refer infringements to relevant law enforcement authorities as necessary.
User Accounts and Registration
You may need to create an account to use certain features or make purchases on the Website. When registering for an account, you must provide accurate information. You are responsible for maintaining the confidentiality of your login credentials and agree to accept responsibility for all activities that occur under your account.
We reserve the right to suspend, restrict or terminate accounts at any time if these terms are violated or there is suspicion of fraudulent, abusive, or illegal activity. You are liable for losses incurred from your account misuse.
Privacy Policy
Please review our Privacy Policy which explains how we collect, use, and share information about you when accessing or using the Website. By using the Website, you consent to the data collection, use, and disclosure practices outlined in the Privacy Policy.
Purchasing Products or Services
The Website allows you to purchase various products and services online. You agree to only purchase goods or services for yourself or another person for whom you are legally authorized to act. When ordering products, you will be asked to provide certain information including name, email address, postal address, payment information, and related data.
Any pricing information is subject to change without notice. We reserve the right to reject or cancel orders at any time, even after you receive an order confirmation. If your method of payment fails or is invalid, the order may be cancelled automatically. Payments are processed by secure third party payment processors. We are not responsible for any payment errors made by these providers.
By placing an order, you signify acceptance of our shipping and delivery policies. We make efforts to accurately represent our products, specifications, and other content through text, images, videos and other means. However, we do not warrant that product descriptions, colors, pricing, or other content is error-free or always up to date. If a product is listed at an incorrect price due to typographic error or incorrect information, we have the right to refuse or cancel orders. We may also request that you return a product purchased based on incorrect pricing and actual costs will be evaluated on a case by case basis.
If you are not completely satisfied with a purchase, please review our refund and returns policy outlined below.
Shipping and Delivery
When you purchase products from Heyday®, the items will be packed and shipped through trusted carriers and partners. We provide estimates for product availability and delivery timelines when you place an order, but these may vary due to supply interruptions, order backlogs, or other internal/external factors.
Risk and title are transferred to you when products are handed over to the carrier. You may be subject to additional shipping costs if a product needs redelivery due to an incorrect address or other factors. Heyday® is not liable for any delays in shipment, delivery failures, or product damages after handoff to the carrier.
We will make best efforts to deliver products in pristine condition. You agree to inspect shipments promptly and notify us within 3 business days of any missing, damaged, or defective items. Failure to provide this notice signifies acceptance. We will initiate appropriate remedies per our refund and returns policy below.
Refunds and Returns
Heyday® aims for complete customer satisfaction. If you are unhappy with your purchase for any reason, please contact us within 30 days of receipt to arrange a refund or exchange. To initiate a return, please email or contact us to obtain a return merchandise authorization (RMA) number.
Most unopened products can be returned in new condition for a full refund within 30 days of receipt. We may apply restocking fees of up to 15% for reimbursement of repackaging and processing costs on non-defective returns.
Products that are used, damaged, missing original packaging, or not in resalable condition may still be eligible for partial refunds after inspection less applicable restocking fees. Products that are returned due to damage should be reported within 3 business days of receipt.
Custom, personalized, or made-to-order products are non-refundable. Software, audio, video, and electronic products that are unsealed are also non-refundable. Return shipping costs may apply and will be deducted from reimbursements.
Refunds may take 3-5 business days to process once the returned product is received. We will notify you once approved and process refunds according to original payment method.
User Content
You represent that any text, images, videos, recordings or other content you provide on the Website does not violate copyright, trademark, privacy, publicity, or other personal rights. You are fully responsible for such content and any harm from inappropriate content.
Some content submitted by users may be viewable to the public such as comments, forum posts, product ratings/reviews, multimedia uploads, etc. You grant Heyday® broad rights to use, publish, and distribute this content freely without compensation or attribution. Where applicable based on content type, we may modify, truncate, summarize or anonymize user content for display purposes.
You may report abusive user generated content by emailing. We reserve the discretion to moderate content as appropriate without notice to maintain a constructive community.
Third Party Links and Content
The Website may contain links to third party websites, plugins, or other external content. Heyday® does not control or assume liability for how these platforms operate, their privacy practices, safety, or content accuracy. Use discretion when interacting with third party content and services.
Indemnification
As a condition of access to the Website, you agree to indemnify Heyday® and our affiliates from any damages, liabilities, claims, and expenses (including legal fees) arising from misuse of the Website or violations of these Terms and Conditions. This includes any claims by third parties that your User Content infringes or violates their intellectual property or personal rights. Heyday® reserves the right to assume exclusive defense in any such claims at your expense.
Disclaimers and Limitation of Liability
No warranties: The Website and related content/services are provided on an ‘as is’ basis without warranties of any kind regarding safety, accuracy, reliability, or completeness. Use at your own discretion.
No professional advice: Information provided on the Website does not constitute technical, legal, or financial advice. Consult appropriate experts for professional advice.
Local laws: Heyday® makes no representations that products, content or services available on the Website comply with laws in foreign jurisdictions. Access at your own risk.
No liability for third party services: We are not liable for issues arising from integration or use of third party apps, plugins, or services with our Website.
Limitation of damages: Heyday® will not be responsible for any indirect, punitive, incidental, special or consequential damage arising from use of website or purchase of products. Total liability for all claims related to the website or products, whether in contract or tort, cannot exceed the amount paid to Heyday® under this agreement or for the specific product giving rise to liability.
User submissions: Heyday® is not responsible for loss, theft, unauthorized access or damage to any user content or personal data submitted to the Website.
These limitations apply even if Heyday® has been previously advised of the potential for damages. Some jurisdictions may not allow certain disclaimers or limitations, so related provisions may not apply as stated.
Changes to Website and Terms
Heyday® reserves the right to modify, suspend, or discontinue the Website or any products, content, or services offered through the platform without notice. We may periodically amend these Terms and Conditions by posting updated versions on the Website. Continued use of the Website constitutes acceptance of revised Terms and Conditions. Please check regularly for updates.
Dispute Resolution and Governing Law
Mandatory arbitration: You agree to resolve any disputes with Heyday® related to these Terms and Conditions or the Website exclusively through final and binding arbitration instead of courts. The Federal Arbitration Act governs interpretation and enforcement of this arbitration clause. Arbitration will be conducted by JAMS under its rules or as mutually agreed with a single arbitrator and minimum discovery. Arbitration shall be confidential and in the English language with enforcement in any court. Either party may seek injunctive relief related to intellectual property rights, confidential data, or other sensitive information in any court.
Class waiver: You agree to pursue claims individually and not as part of a class action. Arbitration cases will only have claims between you and Heyday® as an individual with no consolidation of claims or persons. The arbitrator shall have no authority to arbitrate class, collective, representative or group claims.
Governing law: These Terms and Conditions including the arbitration clause are governed under California law without regard to conflicts of law provisions. For any disputes not subject to arbitration, you agree to submit to jurisdiction and venue of courts located in San Francisco County, California.
Consent to Electronic Communications
Since the Website is available over the internet, communications between Heyday® and users will be electronic. We may send notices through emails, blog posts, system messages, and other digital formats as appropriate for the provided contact details. You consent to receive all communications about site changes, orders, customer service, privacy, dispute resolution, or other aspects in electronic format as the sole method of communication.
Severability
If any part of these Terms and Conditions is deemed invalid by law or regulations, the remaining provisions will still be enforceable and binding. The invalid terms shall be modified or replaced to the minimum extent necessary.
Non-Waiver
Any failure by Heyday® to assert a right or enforce a provision in the Terms and Conditions does not constitute a waiver of such rights. No waiver of any term hereunder shall be deemed a further or continuing waiver of such term or any other term.
Assignment
Heyday® may assign any of its rights and obligations under these Terms and Conditions without notice. Customers may not assign these Terms and Conditions to any other party.
Entire Agreement
These Terms and Conditions including the Privacy Policy represent the complete agreement between you and Heyday® for use of the Website and any products or services. It supersedes any prior understanding or agreements whether written or verbal.