Terms of service

TERMS OF SERVICE

Last updated: 10/11/2026

OVERVIEW

Welcome to Birthday Universe! The terms “we,” “us,” and “our” refer to Birthday Universe, operated by Birthday Universe. We operate birthdayuniverse.co, including its information, content, features, tools, products, and services (collectively, the “Services”).

Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with the policies referenced within them, explain your rights and responsibilities when using our Services. Please read them carefully, including the provisions concerning warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms. Our collection and use of personal information is described in our Privacy Policy: [INSERT PRIVACY POLICY LINK]. If you do not agree to these Terms, please do not use the Services.

Nothing in these Terms excludes or limits any consumer rights that cannot lawfully be excluded or limited.

SECTION 1 — ACCESS AND ACCOUNT

By using the Services, you confirm that you are at least the age of majority in your jurisdiction, or that you are using the Services with the permission and supervision of a parent or legal guardian where permitted by applicable law.

When browsing our store, creating an account, or making a purchase, you may be asked to provide information such as your name, email address, billing details, payment information, and shipping address. You agree to provide accurate, current, and complete information and confirm that you are authorized to provide it.

You are responsible for protecting your account credentials and for activity carried out through your account. If you suspect unauthorized access, contact us promptly at contact@birthdayuniverse.co.

You may not transfer, sell, assign, or license your account to another person without our written permission.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to display our products and describe them accurately. However, colors and appearance may vary depending on your device, screen settings, and other factors.

Subject to applicable law, we do not guarantee that a product’s appearance on your screen will exactly match its appearance in person. This does not affect your rights if a product is faulty or does not match its description.

We may update product descriptions, discontinue products, or limit the quantities available to particular customers or regions. Changes to listings do not alter the agreed terms of an order we have already accepted, except where permitted by law.

SECTION 3 — ORDERS

When you place an order, you submit an offer to purchase. An automated order acknowledgment does not, by itself, mean that we have accepted your order. Acceptance occurs when we expressly confirm acceptance.

We may decline or cancel an order for reasons such as product unavailability, suspected fraud, payment issues, or a material listing error, subject to applicable law. If we cancel an order after taking payment, we will refund the amount paid for the canceled items.

Please review your order carefully before submitting it. If you need to request a change or cancellation, contact contact@birthdayuniverse.co as soon as possible. We may be unable to change an order once processing or fulfillment has begun. Any statutory cancellation rights remain unaffected.

If we decline, change, or cancel an order, we will attempt to contact you using the details provided at checkout.

Returns and exchanges are governed by our Refund Policy: [INSERT REFUND POLICY LINK], together with any applicable statutory rights.

Unless we agree otherwise in writing, purchases are intended for personal or household use rather than commercial resale.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions may change. The price applicable to your order is the price displayed at checkout when you place it, subject to correction of errors as permitted by law.

Applicable taxes and additional charges, including shipping and handling, will be displayed or explained before you complete your purchase. Customs duties or import charges may apply to international orders where disclosed and permitted by law.

Prices on our website may differ from those offered by third parties or through other sales channels.

Promotions may have separate terms. If promotion terms conflict with these Terms, the promotion terms apply to that promotion, subject to applicable law.

You agree to provide accurate and complete purchase, payment, and account information and to update relevant details when necessary.

By submitting payment information, you confirm that you are authorized to use the payment method and authorize us or our payment providers to charge the total amount shown at checkout.

SECTION 5 — SHIPPING AND DELIVERY

Delivery times are estimates unless we expressly agree otherwise. Delays may occur because of carrier operations, customs processing, or circumstances outside our reasonable control.

If your order is delayed, lost, or damaged in transit, please contact contact@birthdayuniverse.co so we can assist.

Title and risk of loss pass to you at the point required by applicable law. Where consumer law requires us to remain responsible for goods until you or your nominated recipient receives them, that requirement applies.

Nothing in this section limits your statutory rights concerning delivery, cancellation, refunds, or damaged goods.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including their text, graphics, images, logos, videos, audio, design, and arrangement, are owned by Birthday Universe or its licensors, or used with permission, and are protected by applicable intellectual property laws.

You may use the Services for personal, non-commercial purposes. Except as permitted by law or with our prior written consent, you may not reproduce, distribute, modify, republish, sell, or commercially exploit content from the Services.

These Terms do not grant ownership of, or any license to, our intellectual property except for the limited permission necessary to use the Services.

Birthday Universe’s name, logos, product names, designs, and slogans may not be used without our prior written permission. Shopify’s trademarks belong to Shopify. Other trademarks belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools or services supplied by third parties that we do not operate or control.

To the extent permitted by law, these tools are provided “as is” and “as available,” without additional warranties or endorsements from us.

Before using a third-party tool, review the provider’s terms and privacy practices. Your use may be subject to a separate agreement with that provider.

New features, tools, or resources introduced through our Services will also be subject to these Terms unless separate terms are provided.

SECTION 8 — THIRD-PARTY LINKS

The Services may include links to third-party websites or embedded third-party content.

We do not control those websites and are not responsible for their content, accuracy, policies, or practices, except where applicable law provides otherwise.

Please review a third party’s terms and privacy policy before using its website or purchasing its products or services. Questions or complaints about third-party products should be directed to the relevant provider.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Birthday Universe is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Birthday Universe. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Birthday Universe, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Birthday Universe.

SECTION 10 — PRIVACY POLICY

Our collection, use, and handling of personal information is described in our Privacy Policy: [INSERT PRIVACY POLICY LINK].

Certain processing by Shopify is described in Shopify’s Privacy Policy: https://www.shopify.com/legal/privacy.

Because Shopify hosts our store, information concerning your access to and use of the Services may be processed by Shopify and relevant service providers. These providers may operate in countries other than your country of residence.

Please review our Privacy Policy for details about the information collected, how it is used and shared, and your privacy rights.

SECTION 11 — FEEDBACK

If you submit reviews, comments, suggestions, ideas, photographs, or other content to us (“Feedback”), you grant us a non-exclusive, worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, adapt, publish, distribute, and display that Feedback in connection with operating, improving, and promoting our Services, subject to applicable law and our Privacy Policy.

You retain ownership of your Feedback.

You confirm that you own or have permission to submit the Feedback and grant these rights. You must disclose any compensation or incentive received in connection with a review.

Feedback must not infringe another person’s rights, contain unlawful or abusive content, include malicious software, or mislead others about its author or origin.

Unless otherwise agreed or required by law, we are not obliged to keep unsolicited Feedback confidential, compensate you for it, or respond to it.

We may remove Feedback that violates these Terms or applicable law. You are responsible for the content and accuracy of your submissions.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may occasionally contain errors concerning product descriptions, prices, promotions, shipping charges, delivery estimates, or availability.

We may correct errors and update information. Where an error affects an order, we may contact you to explain the correction or cancel the order where permitted by law.

If we cancel an order after receiving payment, we will refund the relevant amount. We will not charge an increased price for an existing order without your agreement.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms.

You must not:

Violate applicable laws or regulations.
Infringe our intellectual property rights or those of others.
Harass, threaten, abuse, defame, or unlawfully discriminate against another person.
Submit false or misleading information.
Send spam or unauthorized advertising.
Impersonate another person or organization.
Upload viruses, malware, or other harmful code.
Collect or misuse another person’s personal information.
Disrupt the Services or interfere with another person’s use of them.
Bypass security controls, authorization requirements, or access restrictions.
Copy, scrape, resell, or commercially exploit the Services without permission, except where permitted by law.
Use automated tools or agents except as permitted under Section 14 or with our written authorization.

We may restrict, suspend, or terminate access for violations, subject to applicable law.

SECTION 14 — AGENTS

14.1 Scope

This section applies when you use, enable, or instruct an automated or semi-autonomous software tool or service (“Agent”) to access or interact with the Services on your behalf.

14.2 Conditions of access

An Agent may access the Services only while complying with this section and any applicable access restrictions. It must stop accessing the Services if we request that it do so.

14.3 Access limitations

We may apply technical measures or other restrictions governing whether and how Agents access or interact with the Services.

14.4 Identification and conduct

Agents must:

Identify themselves in every HTTP or HTTPS request by including “Agent/[agent name]” in the request’s user-agent string.
Avoid concealing or misrepresenting their automated nature.
Answer truthfully when asked whether an interaction is automated.
Not complete or bypass CAPTCHAs or other measures intended to distinguish human users from automated tools.
Not circumvent measures that block, limit, or control Agent access.

Compliance with these requirements does not authorize conduct otherwise prohibited by these Terms.

SECTION 15 — TERMINATION

Subject to applicable law, we may suspend or terminate your access to the Services if you breach these Terms, misuse the Services, or create a security or legal risk.

Termination does not affect amounts properly due for accepted orders, obligations already incurred, or your statutory rights.

Provisions that by their nature should continue after termination will survive, including intellectual property, Feedback licenses, limitations of liability, indemnification, dispute provisions, and any outstanding payment obligations.

SECTION 16 — DISCLAIMER OF WARRANTIES

General information on the Services is provided for informational purposes. We make reasonable efforts to keep it accurate but do not guarantee that every item of information is complete, current, or free from error.

To the extent permitted by law, and except for promises expressly made by Birthday Universe, the Services are provided “as is” and “as available.” We do not guarantee uninterrupted, error-free, or completely secure access.

To the extent permitted by law, we disclaim implied warranties concerning the Services and products, including merchantability, fitness for a particular purpose, and non-infringement.

These disclaimers do not exclude warranties, guarantees, or remedies that applicable law requires us to provide, including rights relating to faulty products or products that do not match their description.

SECTION 17 — LIMITATION OF LIABILITY

To the extent permitted by law, Birthday Universe and its affiliates, employees, contractors, service providers, and licensors will not be liable for indirect, incidental, special, or consequential losses arising from use of the Services, including loss of profits, business opportunities, or data.

Any exclusions or limitations concerning Shopify and its affiliates apply only to the extent permitted by law.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence where such liability cannot be limited, or any other liability that cannot lawfully be excluded or limited.

Your mandatory consumer rights remain unaffected.

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Birthday Universe, Shopify, and their relevant affiliates, employees, contractors, licensors, and service providers against reasonable third-party claims, losses, and expenses arising from your unlawful conduct, infringement of another person’s rights, or material breach of these Terms.

This obligation does not apply to the extent a claim arises from the protected party’s own wrongdoing or where applicable consumer law prohibits the obligation.

We will notify you of any claim for which we seek indemnification and allow reasonable cooperation in its defense. We will not agree to a settlement imposing non-monetary obligations on you without your consent.

SECTION 19 — SEVERABILITY

If a provision of these Terms is found to be unlawful, invalid, or unenforceable, it will be limited or removed to the extent necessary. The remaining provisions will continue to apply.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to enforce a provision of these Terms does not waive our right to enforce it later.

These Terms, together with the policies and any applicable purchase terms expressly incorporated into them, form the agreement between you and us concerning the Services.

Nothing in this section excludes liability for fraud or overrides rights, representations, or information that applicable law treats as binding.

SECTION 21 — ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior written consent, except where applicable law permits otherwise.

We may transfer our rights and obligations to another organization, provided that the transfer does not reduce your rights under applicable law. We will notify you where required.

SECTION 22 — GOVERNING LAW

These Terms and any separate agreements under which we provide the Services are governed by the laws of [INSERT COUNTRY AND, IF APPLICABLE, STATE OR PROVINCE].

Subject to applicable law, disputes may be brought before the courts of [INSERT APPLICABLE JURISDICTION].

If you are a consumer, this provision does not deprive you of mandatory protections under the laws applicable to you or prevent you from bringing a claim in a court where you have a statutory right to do so.

SECTION 23 — HEADINGS

Headings are included for convenience and do not change the meaning or interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

The current version of these Terms is available on this page.

We may update these Terms to reflect changes to our Services, business practices, or legal requirements. We will update the “Last updated” date and provide notice of material changes where required by law.

Changes will take effect on the date specified in the notice or updated Terms. Unless permitted by law or agreed with you, changes will not retroactively alter the terms of orders already accepted.

Where legally applicable, your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

ECTION 25 — CONTACT INFORMATION

For questions about these Terms of Service, please contact us:

Trading name: Birthday Universe
Legal business name: [INSERT LEGAL BUSINESS NAME]
Website: https://birthdayuniverse.co
Email: contact@birthdayuniverse.co
Phone: +1 (859) 446-5112
Business address: 4881 Rivers Ave, North Charleston, South Carolina 29406, United States